HomeMy WebLinkAbout1980-10-28; City Council; 6410; Mobile Home Rent Commissiona
CITY OF CARLSBAD
3•nitial;
�'`r�
Dept.Fid.
�'1"E'— - _ i October 28, 1980
C. Atty-_vm:
DEPARTMENT: City Manager _
C. Mgr.
Subject:
MOBILE HOME RENT COMMISSION
Statement of the Matter
At the Council meeting September 9, 1980, a petition was filed
requesting the City to:
1) impose a moratorium on mobile home rents;
2) appoint a commission to propose an ordinance to
"determine
relationships between the owners of land and the
owners of
homes which are located on that land;"
3) empower the commission to arbitrate agreements;
4) provide for appeal to City Council.
The Council continued the matter for 30 days to allow
the Mayor to
meet with mobile home park owners.
During the past month the City Housing staff has made a preliminary
analysis of the problem. That report contains information on current
rentals and vacancies in Carlsbad and in North San Diego County and
is attached for. Council consideration.
In ldition the Mayor has met with mobile home park owners and
det% 1mined as follows:
1. Only Lakeshore Gardens has given the required 60 day notice
of proposed rent increase. That notice was dated August 29,
1980 and states•that rents will increase 16.5% on November 1,
1980. Since then the owner has reduced the increase to 13%.
2. The other four park owners have indicated their intention
to give notice of rent increases as follows:
Rancho Carlsbad
Solamar
Lanikai
Carlsbad Trailer Park
10 - 13% January 1
7A January 1
10% January 1
10% February 1
The City Manager contacted Golden State Mobile Home Association. Its
representative suggested a regulation which would provide an arbi-
tration procedure within each park (copy attached).
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Western Mobile Home Association, representing park owners, was
also contacted. The association st.ggested that a rent review
committee be created in each park (copy attached).
The City Housing staff has prepared a proposed ordinance which
would combine a review committee and an arbitration procedure
(copy attached).
In addition, the Council has received a report from the City
Attorney reviewing the legal findings which are required to
validate a regulatory procedure. Attached to the City Attorney's
memo is a proposed ordinance imposing a moratorium.
At the hearing October 28, 1980, presentation will be made which
will provide further information which Council may consider in
arriving at a decision.
Suggested Action
it appears at this time that we have insufficient information to
justify either a moratorium or a specific procedure to resolve
this problem. Regulating rents is a complex and burdensome
administrative procedure which is not within the ability of
the City to handle right now.
If the Council is convinced by public testimony that rent regulation
is desirable, then a specific proposal will be needed. Such a pro-
posal could be drafted either by city staff or by a committee to
be appointed by the Council.
Exhibits
A. Staff report, "Mobile Home Rent Control," 10/22/80.
B. City Attorney report, "Request for Mobile Home Park Rent
Relief," 10/8/80.
C. Draft regulation submitted by Golden State Mobile Home
Association.
D. Draft resolution submitted by Western Mobile Home Association.
E. Draft regulation prepared by city staff.
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AC,ENDA BIEL NO. 6410 Page3
A
Council Action:
10-28-80 Council adopted Ordinance No. 9565, declaring a moratorium on rental increases
on mobile home spaces within the City of Carlsbad for a period of 2 months
beginning October 28, 1980.
Council directed that, when requested by the parks, each park• would form -a
committee to consist of two residents elected by all residents in the park,
two members appointed by the management, and a fifth member to be selected
by the other four committee members,. Such committees are to meet and reach
a settlement prior to January 1, 1981 on the rent increase issue; and such
committee decision should be the result of a 4-1 vote.
Council directed that some firm of arbitration be established to follow in
the event the committees are unable to reach a,decision.
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DATE:
TO:
FROM:
SUBJ:
BACKGROUND:
MEMORANDUM
October 22, 1980
Jack E. Henthorn, Housing and Redevelopment Director
.Chris Salomone, Administrative Assistant/Block Grant ,.
MOBILE HOME RENT CONTROL
The staff of the Housing and Redevelopment Department -has prepared a report
in response to a request from the City Manager's office to investigate the
potential of adopting an ordinance to regulate rent increases in the Carlsbad
Mobile Home housing market.
Briefly stated the problem appears to be that the re:idents of mobile home
parks in Carlsbad perceive the owner's proposed rent increase as being
unequitable in the local mobile home housing market. Historically, negotiations
between the park residents and the park owners have produced a settlement on
,agreeable rent adjustments. However, the park residents have expressed a
concern that without some sort of legal recourse open to them the rent increase
will in their review, continue to rise at an uncontroled rate.
In an effort to find a legal resource to help the park residents, the
residents of the mobile home parks have petitioned the City Council for
assistance in regulating rent increases in their parks.(Attachment "C")
ANALYSIS:
Research indicates that facts must be found to exist before a program of rent
control is justified:
a. Verifiable housing shortage ( not only mobile homes).
b. Shortage has resulted in landords taking advantage of tenants.
c. Exhorbitant rents are the result of this situation.
d. Exhorbitant rents have had substantial detrimental economic
impact on residents.
Facts must exist to support findings in all four (4) areas above to justify
steps toward municipal rent control.
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Research has shown that once established by a period of significant
supply/demand imbalance, rent control goes through an almost inevitable
progression of rent control ordinances. After the initial short -run period
or "gentle transfer" stage from market determined rents to legislated controls
on rent, the process tends to expand to encompass all areas of rent and
regulation. This has resulted in deliterious effects on housing and future
investment.
Many California cities have enacted rent control legislation. This usually
entails setting -up a Rent Review Commission which citizens can petition
for redress. Usually rent control is imposed as the result of genuine
economic hardship to low-income citizens. It usually addresses a �.
diminishing supply of "Affordable Housing". This means that a significant
portion of the population is paying more than 25 percent of their income
for housing as a result of gouging by owners. (Attachment "A")
Our research shows that rent control in California cities has produced
little positive impact. It has created burdensome bureaucracies and
fiscal hardship in cities. Further, a question often arises as to the
capability of rental review boards to knowledgably render decisions in
areas beyond their expertise. Both tenants (petitioners) and owners
in Carlsbad voice opposition to traditional rent control.
DISCUSSION:
The City of Carlsbad has six (6) mobile home•parks with a total of 1,068
spaces. A vacancy rate for mobile home parks in Carlsbad exists at :2%.
It should be noted that relocation of coaches within the mobile home
park is not common; sales are normally "in -park". Also, mobile home
coaches are showing appreciation rates parallel to those of conventional
housing in the same area. There is a contention on the part of the tenants
that rental rates effect resale prices. Our research has •proven ,this
to be true.
Carlsbad is a part of a market area consisting of North San Diego County
which has a total of 15,280 spaces,*a vacancy rate of less than 1%, and
an average rental range of $138-$169 (Table 1). Mobile home space rental
in Carlsbad varies from.park to park. The average rental range in Carlsbad
is between $194-$261 per month (Table 1). Our research has shown that
three of the four highest rental parks are located in the City of Carlsbad.
The three largest parks in Carlsbad are; Rancho Carlsbad, Lakeshore Gardens,
and Lanakai Lane. Each park exhibits a marked difference in rates due to
location, amenities, services, etc. Generally, rates in Carlsbad are
higher than areas due to climate, proximity to ocean, community ambience,
access to shopping, and the existence of high quality parks.
Each park offers a variety of rates with variation due to size
of lot, distance from facilities, lakefront location, etc.
* (See Figure 3)
,--
0 At a deluxe park like Rancho Carlsbad (Table 2) space rental
varies from $305-$405. The rates includes water, trash pick-up, sewer
fees, cable TV, facilities use and maintenance, plus reduced rates at
adjacent golf course. Rancho Carlsbad is highly landscaped with mature
NV
trees, green spaces, and lake complete with waterfalls. Facilities at
Rancho Carlsbad include clubhouse complex with kitchen and billard room,
library, swi-ming pool, crafts center and classroom, complete physical
fitness room with suana, lockers, showers, indoor shuffle board center,
therapy pool, and three acreas for tenant gardening.
0 At Lakeshore Gardens space rentals range from $160-$210 (Table 3).
Rates include water, trash pick-up, sewer fees, cable TV, facilities and
maintenance. Lakeshore Gardens is landscaped with many lakes and wide
green -spaces. It has a large fully equiped clubhouse with many amenities.
These include swimming pool, large_ recreation hall with kitchen, pool
tables, card rooms, enclosed shuffle board courts, family care center,
jaccuzzis, and barbecue facilities.
0 Lanakai Lane rates range from $141-$180 (Table 4). Rate includes
trash and sewer only. This is a pleasant smaller park and does not boast
the amentities of the previous two as reflected by lower rental rates
(Figure 1 shows all rent rates over past 5 years).
SUMMARY:
Based on this data, it appears as though the space rentals in Carlsbad fall
within rental ranges for the North County market area (Figure 2).
However, rent disputes appear to be increasing in the Carlsbad mobile
home market.
It should be noted that both owners and residents have demonstrated a
willingness to meet and discuss their differences without City involvement.
In the past, both parties have met yearly to negotiate increases. They
followed the procedure again this year and succeeded in negotiating rent
adjustments from 13% to 10% increase at Rancho Carlsbad and at Lakeshore
Gardens -from 16.5% to 13%. These adjustments appear to be in nine with
past increases and the State of the general economy, however; with no
data available at this time to compute the acutal owner's cost attributal
to then: increases, it is impossible to determine theiv true equitability.
There s contention that rental rates are the result of high demand:
HowevE-•, the high demand for spaces in North County currently is being
addressed (Table 5), by a number of municipalities including the City
of Carlsbad which recently adopted a new residential mobile home park
zone. The ordinance should aid the mobile home housing market by helping
to increase the supply of spaces available.
U
CONCLUSION:
The residents of mobile home parks in Carlsbad feel they are being charged
rents higher than the market deems equitable. On the other hand, the
owners are contending that they are charging what the market dictates.
The•City of Carlsbad has several options by which to address this problem
(Attachment "B"). The flexible zoning techniques noted in attachment
would go to increase the supply of mobile home parks within the Carlsbad
mobile home market over the long term. The options that would provide
rent relief to the park residents in the short term are the licensing
arbitrator, the Panel Licensed Arbitrator, Rental Control Review Board,
and the Mobile Home Guideline Ordinance. There are several options that
have been implemented in other cities, however, each has been tailored
to meet the individual characteristics of each municipality.
If'the Council desires to assist the mobile home residents in the
immediate short-term, then careful steps should be taken to insure that
the rent.relief requested by the mobile home park residents applies only
to the specific and unique needs associated with mobile home parks. One
rent relief alternative that may accommodate the mobilb home situation in
Carlsbad,,would be a Mobile Home Arbitrator Guideline Ordinance as outlined
in the aitached report.
It is important for the Council to recognize that if they elect to
participate in the latter alternatives, the City may be taking its first
step toward legislative control in the overal Carlsbad rental housing
market.
RECOMMENDATION:
If the Council desires to pursue any of the options noted herein, it
" should consider the appointment of a Committee to investigate suitable
alternatives.
Based on the limited data available it is impossible to determine whether
or not the owner's rents are justified given current market conditions.
In summary, mobile home park residents feel that high demand in the area
limits their ability to find comparable spaces, and forces them to accept
owner proposed rent adjustments.
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ATTACHMENTS
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'(Attachment �)
INCOME
AND RENT ESTIMATES -1979- CARLSBAD AND SAN DIEGO COUNTY
Income
Estimates
en 25% of
on hTy Income
Median
$ 16,835
$ 350
Lots -Income
80% median 13,428
280
S
Moderate
-Income 126% median 20,202
$421-589*
t
Source:
U.S. Department of Housing and
Urban Development, July 1979.
In
addition to space rental, the mobile
home dwellers must
i
purchase the coach or home as part of total housing outlay.
Average
cost -Double wide (new)
$21,000
- $42,000 base
#
+ 4,500
- 8,000 exterior package
f
Average
cost- Triple widened)
$35,000
- $60,000 base
+ 4,500
8,000 exterior package
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OPTIONS:
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(ATTATCHAENT B )
1- Do nothing.
2- Tenant -Landlord Handbook
3- Flexible Zoning Techniques
-4- Long Term Lease Between Re',idents and Owner
*5- Licensed Arbitrator
*6- Panel/Licensed Arbitrator
*7- Rent Control Review Board
*8- Mobile Home Arbitration Guideline Ordinance
* Legislated Rent Control Options
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ATTACHMENT C-
GOLDEN STATF MOSILfiOME 00114ERS LEAGUE
Lahezhake Garden MoWt flcitte Corrst;wu ty
7201 Avemida Encino
CaAXAbad, CaP,i ao&nia. 9200E
Septembet 7, 19040
The fforoicabte Alayor, Rortw2d FackaJLd
Ca.),tabad City Council
1200 E& Avetwe
Car,Ubad, CoU6oimia 92008
Vean Mayot Packand
Tlti.a " a request Scorn the. betew-s.igued citizens oS Qi1tUkad That
.the City Councttf. aehi.outy eon6iden the 6o.e.2owi•ng:
1. That, a&ctive August 31 7980,, a reo&atoni.wn ore
rents .in mob.ithonie pa&fcs be .in a!&ct unUt attea
the City Cewceit eomf^.2etes a study Sch. a Fait
Padctices Ccw.-43•ion joh Mobit flcu,e Pan124.
2. That the City Cocutci.2 appoints a Ceirri as.con, to .atr cfY
and pAopose an ohdinWLce hegcwuno eatabtiafurent e¢ cm
in -pant: ecY?,vVtee to detehmine )cetct crafAr4 betteeen
owners 06 the .land and the ourrer,,a cD the homes which
Nte Located on that .land.
3. That th.ea Co►rnzias.ion ahcutd a,%bit ate -in easel whore
the two types of ptopm4 owrer.,a eoutd not xeaelt at-,
araieabte agheement.
4. That tic 6,&,d i.ngs oD ttuz Coumi as.ion be used as .the bate
i in any ease appealed to tPe City Ceeu:ait.
J,OSL'Pff RASTONE Aw. F. FALL ALAED SL;Efi/1t f`
-Cr'-C•
VICTOR SER;Q ElfWf:GAP,ET POrAN1 fKL�� LyfR�s' �OLDS
�-�ER'
. JOSL'P!! Tf f;G:1f(AKULV KCIVE� HARRY
FET1:TTi�E
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TABLES
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AVERAGE RENTAL RATES BY CITY
CARLSBAD $194-$261
ESCONDIDO 135- 172
OCEANSIDE 140- 152
SAN MARCOS 131- 165
VISTA 130-147
Rents vary from $ 80 to $ 405 monthly.
Average North County Rental Range: $ 138 - $169
(based on survey of 53 or 89 parks)
VACANCY RATES Mobile Homes
CARLSBAD .2%
NORTH COUNTY 1%
VACANCY RATE - All rental units
NORTH COUNTY 3%
TABLE 1
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X ,
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x PANCHO CARLSB D
%
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i.
%
Inc.
_ inc.
Inc.
inc.
1976 5135N n/a
$2t; \
n/a
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s
�3
1977 220 n/a
280
{n/a
2Vo
\7 X
t '
1978 275 n/a
300
n/a
7 ♦�j
\
15%
4
4
/
1979 295 n/a
347
405
Aver.% Chge. 31.7%
1OX6
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1980 1 Proposed 10% increase
*TOTAL SPREAD VIAMIL!1BLE �
TABLE 2
LAKESHORE ^:A :r)FriS
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A B C
---
n A 1a
inc, irc. inc. inc_
1974-75, $$115� $125� $150
� � $165�
31% 2 0,9 1021, %97.
1976 130 150,\ I65/ 180
12% 10 0 •9d, s
`1977 rl 0 C H A N G E
1978 14 165 \ 130 195
10% `�:�
1979 160/ 180 195/ 21o�
1980 Proposed 13% increase effective !`overher` 11, 1980
Average
Chance: 11.677 13% 9% g_3I
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LANA.K,AI LAME
A % inc.
B % inc.
C % in,:.
1976
1977
$116
$132
$155
176-79
n/a`
22%
n/a\
n/a\
6'/n
1978
n/-'
n/a
n/a
1979
1/1
157
10
,(per yr.aver--
7 3,�'
E9
5.XT
1980 Increase not determinedending outcome of
Carlsbad Ciiy Council investigation)_
TABLE 4
110BILE
HOME PARKS IN DEVELOPMENT STAGE
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DAON CORPORATION
- Escondido - 1500 units
DEV. UNK-NOUN
- Escondido - 700 units
`DAON CORPOP.ATi01!
- Vista - 150 units•
;{
� DEV. UNKNOWN
- Escondido 150 unit subdivision
DEV. UNKNOWN
- San Marcos - unknown
' 2,500 units*
R-1 MOBILE HOME ZONING PROJECTION
i County unincorporated area
- 1000 units 1st year (1981)*
incorporated area
i
No estimate
* These new units should
provide relief to the present demand
{ and offer viable options
to present mobile home park dwellers.
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TABLE 5
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PAr,IPtC ocrz
MEMORANDUM
DATE: October 8, 1980 L
TO: City Manager ;
FROM: City Attorney
SUBJECT: REQUEST FOR MOBILE HOME PARK RENT RELIEF
INTRODUCTION
At their September 16, 1980 meeting the City Council was presented
with a petition requesting mobile home park rent relief. After
considerable discussion, the Council took two actions. First, they
authorized the Mayor to meet with the park owners in an effort to
achieve a voluntary resolution of the park tenants' concerns over
pending increases. The Mayor was to report to the Council on'the
results of his efforts within thirty days. Second, the Council
directed the staff to report within thirty days on the concerns
raised by the tenants, including a discussion of the considerations
involved with city control of mobile home park rents. It is my
understanding that the Mayor will report to the Council at their
adjourned meeting of October 25, 1980. This memorandum discusses
a number of matters regarding municipal rent control in,order to
give you the legal input necessary for your report to Council.
As you know, the need to respond to tenant concern over mobile
home park rent increases has come relatively late to Carlsbad
in relation to other cities in California, As a result, there is
a great deal of work which has already been done which is avail-
able to aid you in preparing your report. Cities like Los Angeles
and Santa Monica are deeply involved in city-wide rent control and
have established departments to administer their programs. Cities,
including San Juan Capistrano, Vacaville-, Rialto and Redlands
and the County of Santa Barbara, have adopted mobile home rent
control ordinances. As a result of experience elsewhere, we know
there are a series of administrative problems and policy issues
involved with city rent control. It is outside the purview of
this office to discuss such matters and we assume you will include
them in your report. By way of example, you may want to consider
Exhibit A to this memorandum, a Staff Report on this subject frcm
the City of Oxnard, which :.ncludes, among other things, a good
discussion of the facts which must be found to support the imposition
of rent control.
BASIC LEGAL PRIWIPLES
The California Supreme Court addressed the question of local rent
control measurjs in the landmark case of Birkenfeld v. City of
Berkeley, I", Ca1.3d 129, 130 Cal.Rptr. 465 . In that case,
City Manager -2- October 8, 1980
an initiative charter amendment had been adopted regulating
residential rentals on a city-wide basis,providing a mechanism for
adjusting rentals above the stated base rental and regulating
eviction procedures. In upholding the power of the city to impose
rent control, the court noted that the state constitution gives
cities and counties the power to "make and enforce within their
limits all local, police, sanitary, and other ordinances and
regulations not in conflict with general laws." The Court went
on to say that, "A city's police power under this provision can
be applied only within its own territory and is subject to displace-
ment by general state law but otherwise is as broad as the police
power exercisable by the Legislature itself." Birkenfeld v.
City of Berkeley, supra, 17 Cal.3d at 140, 130 Cal.Rptr. at 47.3.
In answer to the question of whether the Berkeley ordinance conflicted
with state law, the Court found nothing in the state legislation
regarding landlord -tenant relationships which showed any legislative
attempt "to exclude municipal regulations of the amount of rent based
on local conditions" and that "the imposition of rent ceilings did
not materially interfere with any state legislative purpose."
Birkenfeld v. City of Berkeley, 17 Cal.3d at 142, 130 Cal.Rptr. at
475.
The rent control law was also challenged on the ground that it
interfered with private civil relationships. The Court concluded
that "The, mere fact that a city rent control measure would nullify
l tenants' liabilities to landlords for rent in excess of stated ceil-
ings does not render the measure invalid." Birkenfeld v. City of
Berkeley, supra, 17 Cal.3d at 143, 130 Cal.Rptr. at 475.
The Court went on to consider the effect of the measure on
eviction procedures which are provided by state law. The Court
found that those provisions of the measure that provided for local
procedural requirements for eviction were invalid because they were
in conflict with state law. Birkenfeld v. City of Berkeley, supra,
17 Cal.3d at 151, 130 Cal.Rptr. at 481.
The Birkenfeld Court also considered what facts must exist to sup-
port theimposition of rent control. The Court found that a serious
public emergency is not necessary to support rent control but that
such a measure would be supported that was reasonably in further-
ance of the public peace, safety, morals, health or welfare.
Birkenfeld v. City of Berkeley, supra, 17 Cal.3d at 160, 130 Cal.
Rptr. at 487. The Court went on to say:
"The constitutionality of residential rent control
under the police power depends upon the actual
existence of a housing shortage and its concomitant
J*%
City Manager -3- October 8, 1580
ill effects of sufficient seriousness to make rent
control a rational curative measure. Although the
existence of 'constitutional facts' upon which the
validity of an enactment depends (Citations) is
pres ned, in the absence of any showing to the
contrary (Citations), their nonexistence can properly
be established by proof (Citations)." Birkenfeld v.
City of Berkeley, supra, 17 Cal.3d at 160, 130
Cal.Rptti. at 488.
In upholding the basic authority of Berkeley to impose rent control,
the Court was satisfied that there existed in Berkeley a situation
of hardship caused by rising and exorbitant rents which exploited
a housing shortage to the detriment of the health and welfare -,of
the poor and the aged. To proceed in Carlsbad the Council would
need to have facts before them showing the existance of a similar
problem in Carlsbad. The factors to be considered would include:
vacancy rates, number of tenants versus propulation as a whole,
income levels of tenants, percent of income paid for housing,
situation vis-a-vis the aged or minorities, amount of low cost
rentals in city and percentage of mobile home spaces as a part
of such rentals. It is not required that you consider the avail-
ability°of spaces in other areas. Once the problem is identified,
any proposed ordinance must afford a rational solution -to that
problem.
In Birkenfeld a series of arguments were made that the ordinance
couldnot not bereasonablebecause of a series of asserted adverse
effects which would result including deterioration of'rental
stock and elimination of new construction. The Court answered
that the legal test is the existence of a reasonable relation
to a legitimate governmental purpose and that in this context
the Court would not, ".confuse reasonableness with wisdom."
Notwithstanding the fact that the Court upheld the principle of
municipal rent control, the Berkeley ordinance was invalidated
as unconstitutional because of deficiencies in its provisions
for setting rents. The Court held that rent control is within
the police power only if,
"...They are reasonably calculated to eliminate
excessive rents and at the same time provide land-
lords with a just and reasonable return on their
property." Birkenfeld v. City of Berkeley, supra,
17 Ca1.3d at 166, 130 Cal.Rptr. at 491.
If an ordinance does not provide such a reasonable return, it
would be unconstitutionally confiscatory.
'City Manager -4- October 8, 1980
As should be clear from this memorandum an understanding of Birkenfeld
is central to this matter. Exhibit B, a Report Re: Legal and
Enf.,-rcement Implications of Long -Term Rent Regulation, Los Angeles
City Attorney, and Exhibit C, a Report on Legality of the Mobile
Home Rent Review Commission, San Jose City Attorney, have been
included to provide a detailed discussion of Birkenfeld.
As might be expected, there are at least two sides to this story
(there were four in Birkenfeld) and both find support for their
Position in Birkenfeld. —
Exhibit D, a letter dated February 26, 1980, addressed to the
Oceanside City Council on behalf of persons owning mobile home
parks, shows the arguments that can be made why Birkenfeld would
not allow mobile home park rent control in our area. The letter
also provides a good illustration of the fact that pLititions such
as the one before our Council involve many unresolved legal issues
and that a City should not interject itself into a private landlord -
tenant relationship unless they are prepared for litigation.
Based on the foregoing discussion of basic legal principles, we
offer in partial summary some conclusions on the legal questions
as follows:
(1) The City does have the power at the present time to impose
rent controls generally.
In Birkenfeld the California Supreme Court held that rent
controls are within a city's police power and may be imposed
if a sufficient factual basis exists to support such controls
as a rational curative measure. The main factual basis
involved in Berkeley was the existence of a housing shortage
and the adverse effects of the exploitation of such shortage
by the charging of exorbitant rents on poor people and the
elderly.
(2) A rent control ordinance must be based upon sufficient
constitutional facts and be only as restrictive as
necessary to deal with the problems disclosed by such
facts.
The primary "constitutional fact" upon which the necessity
and validity of rent controls depend is the actual existence
of a housing shortage. Prior to enacting a rent control
ordinance, it is essential that reliable factual information
be obtained pertaining to the shortage of mobile home spaces.
Additional factual information must then be obtained as to
the adverse consequences of such shortage. Such information
would include data as to rent levels and increases, the
nature and number of persons affected, their inability to
withstand such increases or to move, and other ill effects
City Manager -5- October 8, 1980
of the shortage of spaces which would provide'a basis,
for the controls to be imposed. It must be emphasized that
any rent control ordinance must be adopted on :he`basis of
such facts and not merely on the basis of lay opinions and
complaints. Rent control, unlike other matters subject to,
the police power such as zoning, is not an area where the
necessity and justification of regulation is well established.
Thus, considerable effort must be directed toward:estiLblishingg
the constitutional facts and insuring that the regulations
are reasonably related to curing the problems disclosed:by
such facts. , .
(3) The City could impose rent control on mobile home parks'
without imposing controls on all types of rental units;
On the basis of facts such as lack of mobility and high cost
of moving, mobile home parks appear to be sufficiently,
different from other types of rental property to justify
special regulation. Indicative of the unique nature of
mobile home parks is the special legislation (Civil Code
Sections 789.4 - 789.13) applicable only to evictions in
mobile home parks based upon legislative findings as to the
unique protection required for mobiie home park tenants.
The -facts marshalled under Question (2) above would, need to
include adequate basis for a legislative finding that the
situation requires regulation of mobile homes and not other
types of rental units.
(4) The key element in a rent control program must be provisions
which assure a reasonable return to the park owner.,
t
Any ordinance would have to satisfy procedural as well as
substantive due process by providing prompt adjustment
of rents where needed without unreasonable delay. We
cannot discuss in advance what would constitute a reasonable
return in fact any more than we could comment upon the
abstract reasonableness of any other administrative decision
in the absence of specific facts and circumstances. What we
must assume is that any program undertaken would present no
unreasonable obstacles to providing an owner with a reason-
able return recognizing that the potential exists for signifi-
cant disagreement over what is reasonable.
ENVIRONMENTAL REVIEW
In my opinion, any proposed ordinance involving the city in the
landlord -tenant relationship by controling rents must be reviewed
under the California Environmental Quality Act (CEQA) and the
Carlsbad Environmental Protection Ordinance prior to its adoption.
City Manager
0
-6- October 8, 1980
An opinion of the California Attorney General (60 Ops. Cal. Atty.
Gen. 335), which concludes that the adoption of an ordinance is
a "project" requiring environmental review, is directly on point.
The pertinent part of the discussion is as follows:
"Section 21151 of CEQA requires all local agencies to
'prepare ... and certify the completion of an environmental
impact report on any project they intend to carry out or
approve which may have a significant effect on the environ-
ment.' The term 'project' is defined by Section 21A065 of
the act:
"'Project" means the following:
(a) Activities directly undertaken by any public
agency.
(b) Activities undertaken by a person which are
supported in whole or in part through contracts,
grants, subsidies, loans, or other forms of
assistance from one or more public agencies.
(c) Activities involving the issuance to a person
of a lease, permit, license, certificate or other
entitlement for use by one or more public agencies.'
! In Bozung v. Loca•1�Agency Formation Com. (1975) 13 Cal.
( 3d 263, the California Supreme Court held that a local agency
! formation commission's approval of an annexation regnired
the preparation of an environmental impact report. The
court noted how the definition of 'project' in Section 21065
fits within the overall structure of the act:
...CEQA itself proceeds on a step-by-step basis. by
first defining "project" so broadly that it covers
activities having -no conceivable effect on the
environment. (S21655.) Then CEQA declares to what
projects the act app3ies, including in the open-ended
definition of discretionary projects "the enactment
and amendment of zoning ordinances." (§21080.)
Finally, CEQA directs what the agencies addressed must
do when dealing with protects "which may have a signifi-
cant effect on the environment." (SS21100 and 21150.)"
Id, at 277 fn. 16.
Thus, 'project' is broadly defined so as to include many
actions taken by public bodies which ultimately may have no
effect on the environment whatsoever.
t - +
City Manager
-7-
October 8, 1980
Other court interpretations have reflected the breadth of
public activities denominated 'projects' by CEQA. In
Shawn V. Golden Gate Bridge Highway & Transportation Dist.
1976) 60 Cal. App.3d 699, a transportation district's--
decision to increase fares for tragel upon its bus line was
held to be a project. Similarly, approval of timber
harvesting plans by the state forester is a project.
Natural Resources Defense Council,'Inc V. Arcata Nat. Corp
(1976) 59 Cal. App. 3d 959. See also 59 Cal. Ops. Atty. Gen.
173 (1976).--annual budgeting and expenditure of funds for
trapping animals as part of a predatory animal damage control
program constitutes a project under CEQA; and 57 Cal. Ops.
Atty. Gen. 490 (1974);-cloud-seeding by a local agency is a
project under the act.
The California Supreme Court found that the passage of a
zoning ordinance establishing an oil drilling district
is a project for purposes of CEQA's requirements in
No Oil, Inc. v. City of Los An eles (1974) 13 Cal.3d 68.
However, CEQA itself notes that Hs provisions are not
exclusively limited to ordinances pertaining to zoning
and planning. Section 21080 of the act declares in part:
'(a) (T]his division shall apply to discretionary
projects proposed to be carried out or approved
by public agencies, including, but not limited, to
the enactment and amendment of zoning ordinances,...'
(Emphasis added.)
Given the broad definition of 'projects' in CEQA,,the holding
in the No Oil case, and the language contained in Section
21080, i't is clear that ordinances passed by cities, counties
' and local agencies are 'activities directly undertaken by
any public agency' under Public Resources Code Section 21065(a)
and thus 'projects' within CEQA. This was the conclusion
reached by the court of appeal in Rosenthal v. Board of
Supervisors (1.9.75) 44 Cal. App. 3d 815, 823, wherein the
cour stated:
'In view of the fact that city ordinances were the
subject matter in the No Oil case, it appears that
it was held impliedly ther n that adopting an
ordinance was a project within the meaning of the
y Environmental Quality Act."'
Therefore, the Attorney General concludes that, if the ordinance is
discretionary in nature, is not cat(.gorically exempt, and may have
a significant effect on the environment, an EIR must be prepared
z
M.22
City Manager -8- October 8, 1980
before approval. A rent control measure would clearly be
discretionary and not categorically exempt. Whether or not
a full EIR is required would depend on the results of our environ-
mental review process.
The City Attorney of Oceanside has recently had occasion to consider
the requirements for environmental review for a proposed mobile
home rent control ordinance. His memorandum on the subject,
marked Exhibit E, dated March 10, 1980, has been included and -offers
a good discussion of the applicable law.
In recent years opponents of an action often focus their opposition
on the need to subject the matter in dispute to environmental review.
The letter marked Exhibit F, dated March 17, 1980, gives the views
of the park owners on this point. Exhibit E points out the state
guidelines provide that,an EIR should be prepared whenever there
'is a serious public controversy concerning the environmental effects
of a project. 14 Cal. Admin. Code §15084(c). Exhibit F would seem
to be some evidence of such controversy if we assume similar
arguments will be made in Carlsbad.
As indicated above, it is our conclusion that any proposed mobile
home park ordinance would require environmental review prior to
adoption.
PREEMPTION
Article 11, Section 7 of the Constitution of the State of California
provides that a city may make and enforce all local, police,
sanitary,, and other ordinances and regulations not in conflict with
the general laws. A municipal ordinance which is in conflict with
the general law is preempted and, therefore, void. The general
rules regarding preemption may be summarized as follows:
"''(A] Local municipal ordinance is invalid if it
s attempts to impose additional requirements in a
field that is preempted by general law. (Citations
omitted) Local legislation in conflict with general
law is void. Conflicts exist if the ordinance
duplicates (Citations omitted), contradicts (Citation
omitted), or enters an area fully occupied by
general law, either expressly or by legislative
implication (Citations omitted). If the subject
matter or field of the legislation has been fully
occupied by the state, there is no room for
supplementary or complementary local legislation,
even if the subject were otherwise one properly
characterized as a 'municipal affair.' (Citations
omitted)" EWAP, Inc. V. City of Los Angeles, (1979)
Cal. App.3d 190, 158 Cal.Rptr. 579.
h:
E
City Manager -9- October 8, 1980
The Supreme Court in Birkenfeld makes clear that rent control and
other intrusions into the landlord -tenant relationship are not
municipal affairs. Accordingly, the Court held that the Berkeley
ordinance could not,
"...be given effect to the extent that it conflicts
with general [state] laws either directly or by enter-
ing a field which general laws are intended to occupy
to the exclusion of municipal regulation."
Birkenfeld v. City of Berkeley, supra, 17 Cal. 3d at 140,
130 Cal. Rptr. at 474.
In analyzing state law, the Court upheld the city regulation of
rents and related substantive grounds for eviction because the Court
found no conflicting state 'law on that subject. However, the Court
invalidated the ordinance because of some procedural restrictions on
evictions which required the landlord to deal with a city commission
before using the state unlawful detainer laws. The Court found that
to be in conflict with state law.
The petition asks the Council to consider an ordinance ..requiring
establishment of an in -park committee to determine relationships
between owners of the land and the owners of the homes which are
located on that land". It appears the petitioners desire an ordinance,
similar to the one recently adopted by Oceanside, which goes beyond
rent control. As previously indicated, after environmental review
and upon a showing of the proper facts, the City Council may adopt a
legally valid and enforceable ordinance establishing a commission to
regulate rents. However, I have serious concerns about the legality
of an ordinance regulating other aspects of the landlord -tenant
relationship. My concerns are based on the fact that such,an ordinance
would be in conflict with state law in general and in at least three
particular respects.
The state has adopted a comprehensive scheme of laws regulating
mobile home park operations, including special landlord -tenant
rules, which recognize the unique nature of the mobile home coach
owner. These laws are known as the Mobile Home Residency Law.
California Civil Code §§ 798-799.8. A copy of this law, marked
Exhibit G, has been attached. It would be difficult indeed to argue
that the state law did not deal in a comprehensive way with the
relationships between park owners and mobile home owners. Even
without a specific conflict between a city ordinance and the state
law, a court would more likely than not find that the area has been
preempted.
The Oceanside ordinance appears to conflict with the general law
and, therefore, be defective in three areas. Each of these will
be discussed in turn below.
The ordinance permits the commission to determine when a provision
in a rental agreement is "unconscionable." I am concerned that
this directly conflicts with the provisions of Civil Code Section
1670.5 which provides in pertinent part as follows:
City Manager -10- October 8, 1980
"(a) If the court as a matter of law finds the contract
or any clause of the contract to have been unconscionable
at any time it was made the court may refuse to enforce the
contract, or it may enforce the remainder of the contract
without the unconscionable clause, or it may so limit the
application of any unconscionable clause as to avoid any
unconscionable result." Emphasis added).
It seems to me that the State Legislature has determined that a finding
of unconscionability is a question of law to be determined only by
the courts. The ordinance would permit an administrative agency
to make such a determination based upon the presentation of factual
evidence at a hearing. I think that this conflicts with the deter-
mination by the State Legislature that the courts are the proper
forum for determining a question of "unconscionability."
The ordinance would enable the commission to order the elimination
of an unconscionable provision from a rental agreement. Again,
Civil Code Section 1670.5 provides that the courts have the
authority,to defuse to enforce an unconscionable contract, eliminate_.
an unconscionable provision, or limit application of such a provision
as to avoid any unconscionable result. Therefore, it appears that
the authority of the commission conflicts with the authority of the
courts to remedy unconscionable contracts.
The Oceanside ordinance would also give the commission the authority
to order the elimination of "unreasonable park rules and regulations."
I think that this may conflict with Civil Code Section 798.25 which
provides that a park rule or regulation may be amended, after six
y months notice, by the park owner without the consent of the tenants.
It appears that the Legislature intended to leave the park owners
with the authority to adopt rules and regulations pertaining to
their parks. To permit the commission to order the elimination of
certain rules and regulations would appear to conflict with the !
Legislature's intent to permit park owners to adopt their own rules
and regulations. i
Additionally, Civil Code Section 798.56 already establishes a remedy
for a tenant who may have been subjected to an unreasonable park s
rule or regulation. Section 798.56(c) provides that a tenant may
not be terminated for failure to comply with an unreasonable rule
or regulation. As in the case of unconscionable contractual
provisions, the state has established a civil remedy for tenants ;
which conflicts with the remedy established under the ordinance, i.e.,
the elimination by order of the commission of the unreasonable rule
or regulation.
they Manager -11- October 8, 1980
Finally, the ordinance would permit the commission to find that the
duration of a rental agreement is unconscionable. This authority
conflicts with the provisions of Civil Code Section 798.18 which
states in pertinent part as follows:
"A tenant shall be given a rental agreement for such term
as he may request, not to e:•ceed twelve months, or such
longer period as the management may approve."
This provision gives management the discretionary authority to
approve agreements over twelve months in length. To allow the
commission to determine that the duration of a proposed rental
' agreement is unconscionable would permit the commission to abrogate
the authority of a park owner under state law to approve or
disapprove an agreement over twelve months in length. A City
ordinance cannot give a City Commission the ability to act contrary
to state law.
The City Council of Oceanside adopted their ordinance despite being
advised by their attorneys that the ordinance, if challenged, would
be found to be preempted. I would hope our Council would make a
different judgment. If the Council does wish to become involved
in the landlord -tenant relationship, I recommend the commission's
role be one of advisory arbitration. We can expect that the park
owners would respect the advice of the commission which controls
their rents. This approach would give some help to the petitioners
{ while avoiding conflicts with state law.
SAMPLE ORDINANCES
Rent control can take various forms and operate in different ways.
This section of the memorandum will offer some examples of how other
communities have dealt with the matter. Attached, as Exhibit H, by
way of general background on rent control ordinances, is an excerpt
from a publication of the National Institute of Municipal Law
Officers entitled "Rent Control Legislation: Definition and
Administration". It gives a good introduction to the subject
from a national perspective.
We have obtained a representative sample of mobile home rent control
ordinances from the League of California Cities. They have been
marked as exhibits and attached as follows: Exhibit I-1, City of
San Juan Capistrano; Exhibit I-2, City of Vacaville; Exhibit I-3,
City of Rialto; Exhibit I-4, City of Redlands; Exhibit I-5, County
of Santa Barbara; and Exhibit I76, City of Oceanside. A review of
these ordinances reveals some similarities and some differences
which illustrate many'of the legal and policy issues which must
be resolved in arriving at an ordinance for Carlsbad. They include
the following:
• City Manager -12- October 8, 1980
1. Make up of.commission. Redland's ordinance excludes both
park owners and park tenants from the rent review commission.
Other cities have varying numbers of both, sometimes with
other disinterested persons appointed by Council and some-
times with the two "sides" choosing the remaining members.
Related matters involve whether to appoint for a term with
or without removal at the pleasure of the Council.
2. Eviction controls. Several of the ordinances do not provide
any eviction controls. Some cities think rent control is
meaningless if the park owner can evict and then raise the t
rent for •the,new tenant. These cities prohibit evictions
as long as the tenant meets his obligations.
3. Formul'a control of all rents. Some cities empower their
commission to set: a base rent and contain standards by which
annual adjustments in the base may be made (See Exhibit I-Q .
Legally there are advantages to this approach.
'k
4. Review by petition. A common approach in several of the
ordinances limits the commission to reviewing petitions
protesting rent increases. Some provide for a contested
hearing in every case. Others only require a hearing if
the increase exceeds a limit established according to standards #
in the ordinance.
5. Standard of review. This issue presents the most serious
legal questions. Cities like Oceanside or Rialto give the
commission the power to deny increases which are
"unconscionable". While that kind of a standard may meet
political needs and afford some "jawboning effects", it
is legally very weak. Birkenfeld made clear that rent
control may protect tenants increases while
providing park owners a reasonable return. In striking }
that balance, the court recognized the importance of
factors such as taxes, operating expenses, maintenance
expenses, improvements, level of service and deterioration
of units. Exhibit I-5 is a good example of an ordinance
which uses such factors which can be quantified and analyzed
in a reasonable and legally defensible way. This type of
ordinance, in my opinion, produces the most effective pro-
tection for the tenants as well. Unconscionable is defined
by Webster's Third International Dictionary as something not
guided or controlled by conscience: unscrupulous. That
doesn't seem to me to be a viable standard in making an
economic judgment. A secondary meaning is excessive, exorbitant
shockingly unfair, outrageous. A rent increase may go a long
way beyond what can be justified by the factors discussed
City Manager -13- October 8, 1980
previously before it becomes exorbitant or shockingly
unfair. Ordinances using the unconscionable standard will afford
significantly less protection to tenants. If an increase is
denied such a standard will make it much easier for a park
owner to challenge it in court.
5. AAPpe_al. Some ordinances make the commission's decision
final. Others allow a de novo appeal before the Council.
Oceanside gives an appeal but only allows changes if the
Council finds the commission abused its discretion.
7. Enforcement. The most common means of enforcement is to
mace a fai7ure to pay rent, which has not been approved
by the commission, a defense to any unlawful detainer
action. It is possible, but not recommended, to involve
the city in the litigation or to enforce by criminal action.
This brief discussion of some of the issues is intended as a starting
point for the work the City Manager and our office would need to
undertake in making a recommendation on a rent control ordinance
if the Council determines to pursue the matter. As a final comment
on the ordinances, you should note that Oceanside's ordinance is
somewhat atypical in that it attempts to regulate the terms and
conditions of the landlord -tenant relationship in addition to
controlling rents. We have already discussed why the city lacks
legal authority to do that. If possible, interested persons
should be encouraged to look to the more commonly used ordinances
rather than Oceanside's for a model.
URGENCY ORDINANCE
The petition before the City Council asked for the adoption of an
emergency moratorium on rent increases to be effective until the
Council can study a permanent ordinance. The question is, may
such an ordinance be legally enacted as an urgency measure? It
is important to keep in mind that this is not a situation involving
the provisions of Government Code 565858 which provides for interim
zoning moratoria pending study of a regular ordinance. That
section has no application here and there is no other authority
for moratoria pending study. Howaver, Government Code Section
36937 does provide that ordinances necessary for the immediate
preservation of the public peace, health or safety may take
effect immediately if the Council, by 4/5's vote, makes findings
showing that an emergency exists.
The determination by the City Council that an urgency stituation
exists is not conclusive. A court may inquire into,and determine
for itself,the existence or nonexistence of the facts
City Manager -14- October 8, 1980
upon which the declaration of necessity is based. Ex parte Newell
(1922) 188 Cal. 762, 207 Pao. 351. The urgency clause must by
definition state relevant and persuasive facts necessitating the
immediate enactment of the proposed ordinance. Parr v. Municipal
Court (1971) 3 Cal.3d 861, 92 Cal. Rptr. 153.
Other cities have adopted rent moratoria. Attached, as Exhibit's J-1,
2 and 3, are ordinances from Los Angeles, El Monte and Beverly Hills
freezing rents. Particular attention should be paid to the recitals
of these ordinances which set out the facts constituting the emergency.
They provide examples of the facts which have been used to justify
emergency action.
To summarize, the Council must be presented with relevant and
persuasive facts which would support a finding that an urgency
situation exists which would require that the proposed ordinance
become effective immediately. Stated in other words, the facts
must support the conclusion that the public health, peace, or safety
will be harmed if the ordinance were to run its regular course and
become effective only after the second reading thereof and the
statutorily required thirty day waiting period. In considering this
matter, the Council should be aware that it is possible by ordinance
to roll back rents to some reasonable date before any substantial
increases took place. That fact would tend to mitigate some of the
urgency created by pending increases-. Freezing rents could deprive
park owners of their constitutional right to a reasonable return
if part or all of the proposed increase is determined to be justified.
On the other hand, a roll back and refund if necessary after a
determination of what is justified, would make the tenants whole.
We have prepared a draft ordinance in case the facts about the
situation in Carlsbad to be developed in your report would lead
the Council to determine they wished to consider a rent freeze.
It is attached as Exhibit K. The recitals, of course, may need
to be revised based on the facts as they may appear in your report.
We recommend that Af the Council chooses to act on October 28th,
the ordinance also be introduced as a regular measure and that
environmental review be accomplished immediately on a priority
basis. In the event there were sine problem with the emergency
ordinance, the regular ordinance would be close behind as a back-
up.
CONCLUSION
In summary, consider the following points:
1. A city may regulate rents by ordinance.
2. An emergency in housing is not required. However,
3. The City Council must be presented with facts showing
F -J
■i
s
v
City Manager -15- October 8, 1980
;
a housing shortage which causes a problem for which
rent control is a reasonable solution.
4. Citizen complaints or lay opinion will not satisfy the
requirement for facts.
5. The ordinance must provide landlords with a just and
reasonable return on their property.
:1
6. Environmental review of the ordinance is required prior
to adoption.
Y �1
7. The City may not regulate most other areas of mobile home
park landlord -tenant relationships because of state law
preemption. However,
8. The ordinance could provide for advisory arbitration of
such matters.
t }
9. The Council may freeze rents by the adoption, by 4/5's
i
vote, of an urgency ordinance, provided the Council finds
,+
sufficient facts to justify emergency action.
10. The ability of the City to roll back rents mitigates the
<�
emergency finding.
As is often the case, the City's ability to act in a legal manner
depends to a great extent on the facts which exist in support of
'J
i
such action. In that regard it is important that your report
give the Council the 'facts of the mobile home rental situation in
Carlsbad. Assuming these facts show that a problem exists, the
rj
{
Council may act to impose a solution. In evaluating this matter
we should keep in mind that the petitioners seek to have the City
#i
make a significant intrusion into private economic relationships
i}
and that the park owners will have both the financing and incentive
j
to seek legal redress for any grievances. While I cannot recommend
#
that the Council follow the Oceanside approach and attempt to
i' J
regulate the landlord -tenant relationship, I am confident we can
adequately deal with the petitioners' concerns about unreasonable
t i
rent increases. Please let me know if you have any questions or
,
need any further information.
r ,
VINCENT F. BIONDO, JR.
City Attorney
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Attachments
cc: City Council
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Some Lczt govewment6 have .jougU ;& aecogoll aft &A end &wugh Tent
Coatmol". Th.Le j a pa4ilal jo,&dion. ;60 Ae paob.lem in h6t,U does "mo.l"
ecceesive p"oa;te. Houwea, .c t .c j a,U boo j?Aaiuen4-a 6.46anhei, appaoa&
A tt wa have an adveue etAct on .landlo"de- Thai have no# dtanged exce,"Zve
"Mid.
Some cUtee have cwwta faiA putcEice CoML ioiw-uhi& bW iv fudge
eack ,tegaut Ant a Aeni aai.ee on an indiui&=t bay houwevut, boo Avuft44
AeiA action metes 6e #ahe►t uu#hin. 4en#ni"caEi,.ve guideluuc, Aach aj, mideA
cannot be rAm&AA= 7% at 51% o4 Ae tenants mum# AUe- a. mmp&i&4 and
deci aiaRe ante. 1 by elec jed o�4Ldcala .ticai mew# be zeeporwive b po.li ti.ca,L
pAeaewue.
1
1 uvtdd lifze #o o#e4 a Ageaenf appcoaas one i6t "labot and mwwgendmi
/cave .lem ned in Ave uslA tot mzw; yeatie and one Acat adhenee io the dew cem; e
pmoccuee o� ous nation and Ae Aee a ieV4i se erne; em.
i
} Lei ue a.Uh oru 1�e to ee#a6.li,eh a %uant - Landlord ComdA4ion"
cuLA at teui one 4i.eld o�Ace .in ease" ctoury and a Review 6oaad, conaLdiing
04 #lace me4e," ;to be cenizaU# located la the e.taie. Menbe)W of the
Comni,eaion mcwi 6e .11 cetwed aabi afore s.
The a6inL44 miive paoceee Jon tent nctijea mZgU be handled undea"
.Glo
the awiXtafcan ege#are ad o use.
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re r -' - --
0
• I. A hoti ok, o� neirt Aide ha j be given to the &edi.dejd4 60 da A
prior. A) date AaL4e bewffred a jAc'tive.
2. R terwnt can. accept on decline a rent raLde aiAi . 15 logs Aonr
rteeeipt o4 notice.
I� a .simple mapnibi oA tenants in the oewpi.ed uru td decline a
ad 4c in rent, At ouner, oa hi.s tep4uen a&ve uiw had autfwrcty to apeah
and negotiate th At name o f t%e ourtea n ka; meet alE ;tenant.., Meeting �
6e held not Cater. than X dw m jo.GGow:nq initial iAduance a� notice of
sent naidt.
4. 14 a gwmmi wn&i.atiag oA 213 or the tenantd=accept the vent rai:ae,
Ae. 4aZde-6ecomes etActive the date d'eeignated by iaittd notice,
5. 14 a 213 gw4m o� teieante decline the Rent raise the i44ue o�
the raise uvuU be ice�wA & the c&.dtdt tent arbi m;&A.
6. Me decision aerzdvted by the tent arbitaaioa>uvuld.be binding
urron both paafi.ed iMedZCCi -'
7 eA ounea oa tenant had aiglU o� appeal o4 decision td .mate
.
Tenont - Landlord Review Guard uhoee decision uvuld be 4-kal and binding
upon 60A pmt&ee.
La6oa and mmagarent have %and the .sgjtem ope r ed. OL mwwa
.labo,t hae a jti.ch, Cabot can d;&tMe and .stop pwductivn uhioz at4ectd
managemrmf'd paoA4 PeAh" a ca&wi and d;ach mu'# be added to 'Tenant -
Land,(ond A4hi;tw; on" too - uhat i. ct ue a .legal td u Aho ld "Ai4 it an
omeA weld not col es wi de the tenante apvt a ma*o4t o tenants de-
dined scent. incuaAe? On .the other hand, a tenant's non compliance uriih
9
AdAian o4 m6U=64 could be- cau4e lot &mediae evicUart wZAout
AP-PCVUot4e-
TAe4a an4weA4 and &ZA pmedi4ft 4ule4 144 bo & oun&t and tenant
can beemme a paod o� At . mo - Ami aiU be pet oA At jo&uaft-
Fo4 noq we muj;i 6egiA a pwq.� Aai 4aV4 weaU pZvc, 6V At
"m Aid" - 1 aw,4uct Aai many. ouneA4 a4,e.ai anxiduA ai,we- ate fir, 4-;6oP
the houAZnq� lrlq-� -
ltt'4 foie;6aoeAe& and- 6,t� Aeojort
u4-caea.4e and u4e T L,C.
NOW
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD ESTABLISHING SUGGESTED GUIDELINES
FOR MOBILEHOME PARK REVIEW COMMITTEES.
WHEREAS -•the value of mobilehome parks wi-thin the City and County
of San Diego b-- been increasing rapidly over the past several years;
and hits'
WHEREAS, these increasing values in combination with increasing
cost of operating mobilehome parks and making capital improvements
therein have resulted in increases in the costs of mobilehome parks;
and
WHEREAS, there i:, a strong market demand for occupancy in mobile -
home parks; and
t
th e a trong ke em or cup in
mobilehome par s; and
WHEREAS, rents for spaces within mobilehome parks are increasing;
and
WHEREAS, the City Council recognizes the right of mobilehome
park residents to be charged rents which are based on a consideration
'
of all pertinent economic factors while at the same time recognizing
the -right of mobilehome park owners to charge rents which do reflect
i
a consideration of all such pertinent economic factors.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad that both residents and owners of mobilehome parks are hereby
i
urged to study the hereinafter guidelines for the establishment of
committees within mobilehome parks for the purpose of attempting to
1
resolve problems of any nature between residents and owners.
'
BE IT FURTHER RESOLVED that the following suggested guidelines are
hereby offered for the establishment of committees within mobilehome
parks:
E
1. If residents and owners in a particular mobilehome park have
heretofore established methods of peacefully resolving problems, then '
such methods should continue to be used.
Z. If such problem resolving methods do not yet exist in
,a
particular mobilehome park, the residents and owners may consider
establishing a committee composed of five members for such purpose. ;
3. Two of the five members of the committee should be residents
of the particular mobilehome park who are appointed by the other s
residents of the park and the other two members should be appointed
by the owners of the particular mobilehome park. The fifth member
should be appointed by the unanimous vote of the other four members.
Among the four members selected, there should be persons with back-
ground and experience which will permit them to analyze and evaluate
the mobilehome park's rental rates. The fifth member may have some
financial or accounting background. Suggested terms of appointment may
be for four years. A chairman of the committee should be selected by
the majority vote of the members of the committee.
4. In the event that the two park resident representatives and
,the two owner representatives cannot agree on the fifth member to be
appointed to the committee, the committee should request a member of
the American Arbitration Association to serve as the fifth member of the
committee. In such event, the owners and residents shall equally share
the costs and expenses incurred in connection with the appointment and
performance of said arbitrator.
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S. It is sug ested that upon the request of fifty percent plus
04c of the r pf the mobilehome park or upon the request of the
mobilehome park owner, the chairman of the committee convene the
committee within fifteen days to hear and attempt to resolve the
problem which the committee has been requested to consider.
6. All parties should be afforded the opportunitq to have an
-attorney or other petson o7f `their choice' gresenL evidence on' their
behalf.
7. A maximum period of time should be specified for the decision
to be rendered by the committee after the close of the committee's
meeting, provided that this maximum time period should not dxceed
thirty days unless, by majority vote of the committee additional time
is established for reaching the decision.
BE IT FURTHER RESOLVED,that this Resolution shall become operative
on 1980,, and shall be repealed on 1982,
unless readopted by the Board.
On a motion by Councilperson seconded by
Councilperson , the foregoing Resolution was passed
and adopted by the Carlsbad City Council in the County of San Diego,
State of California, at a regular meeting thereof, this day
of 1980, by -the following vote, to wit:
AYES: Councilpersons:
NOES:- Councilpersons:
ABSENT: Councilpersons:
(SEAL)
ATTEST:
13
Lee L. Rauten ranz
City Clerk of the
City of Carlsbad
RonaM C. Pac ar ayor
of the City of Carlsbad
__ L .._ -A
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MEMORANDUM
-EXHIBIT--
DATE: October 23, 1980
TO: Jack E. Henthorn, Housing and Redevelopment Director
FROM: Andrew J. Aitken, Administrative Assistant/Redevelopm t
SUBJECT: MOBILE HOME ARBITRATION GUIDELINE ORDINANOE
BACKGROUND:
The staff of the Housing and Redevelopment Department prepared
a report in response to a request from the City Manager's office to
investigate the potential of adopting an ordinance to regulate rent
increases in the Carlsbad Mobile Home housing market.
Briefly stated the issue appears to be that the residents of
mobile home parks in Carlsbad perceive the owner's proposed -rent
increases as being unequitable in the local mobile home housing market.
Historically, negotiations between the park residents and the park
owners have produced a settlement on agreeable rent adjustment. However,
the park residents have expressed a concern that without some sort of
legal resource open, to them the rent increase will in their view continue
to rise at an uncohtroled rated.
In an effort to find a legal resource to help the park residents, the
residents of the mobile home parks have petitioned the City Council for
assistance in he
rent increases in their parks.
ANALYSIS:
The Mobile Home Rent Control report outlines eight alternatives through
which the City may provide rent relief to the mobile home park residents.
Increasing the supply of mobile home sites can be accomplished through
zoning approaches such as that employed in the recently adopted Residential
Mobile Home Park Zone. The options that would provide rent relief in
the short term are the "Arbitrators",. the "Panel/Arbitrator", "Rent
Control Review Board", and the "Mobile Home Guideline Ordinance". It
is important for the City to recognize that if they elect to participate
in the latter alternatvies, the City may be taking its first step toward
rent control in the overall Carlsbad rental housing market.
Therefore, if the City desires to assist the mobile home park residents
0
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'in the immediate short-term, then careful steps should be taken to
insure that the rent relief requested by the mobile home park residents
applies only to the specific and unique short term needs associated
with mobile home parks. One rent relief alternative that may address
the mobile home situationwould be a Mobile Home Arbitrator Guideline.
This approach was specifically designed for the unique rental
circumstances indiginous to mobile homes.
MOBILE HOME ARBITRATION GUIDELINE ORDINANCE:
Discussion:
During preliminary discussions with the Mobile Home Park residents
and owners, they both felt that if a rent relief program were instituted,
they would prefer to utilize a licensed arbitrator in rent adjustment
disputes. The mobile home park residents have expressed a desire
that the City participate in an arbitration proceeding as a policing
agent enforcing the licensed arbitrator's final decision. In an
effort to limit the application of such an arbitration process to
the mobile home housing market, the City should impose restrictions
and guidelines to the general arbitration process.
If the City agrees with the concept of having the City participate
in rent relief program that utilizes a licensed arbitrator then the
City should include the following in the Mobile Home Arbitrator Guide-
lines.
- It must be made clear that any costs attributable to k?,AGO be paid
-for by those who benefit from the establishment of H11MO.
- Further, use of the MHAGO process should be restrictive enough
as to limit the Arbitration process to only those aspects that are
-of a major magnitude, thus eliminating petty disagreements from the
process.
- It shoud also contain a sunset clause that would limit the life
of the h1)1,,AGO to one year unless extended by Council action.
PROPOSAL:
To achieve the above, it appears that MHAGO should contain a fee
-requirement to activate the provisions of the ordinance. This fee could
be a percentage(approximately 3%) of the annual mobile home park space
rental. The fee would be levied against the total number of spaces within
ay park requesting arbitration under the 11HQGO. This fee would be levied
against both parties involved in the impass.
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There must be proof that both the mobile home park residents and owners
have reached an impass in their ovin negotiation for rent adjustments.
This proof would be in the form of a letter/petition from both parties
and presented to the City with two cashier checks(one from the
mobile home park residents and one from the mobile home park owners) of
equal amounts along with a listing of all residents in the park; their
rent; and the appropriate percentage fee.
-Only after the fees are collected and paid will the City contact a licensed
arbitrator and enact the 14�AGO. The arbitrators; fees will be deducted
from the fee collected from the parties requesting arbitration. In
addition, all costs incurred by the City will be paid from the
fees collected.
Once the licensed arbitrator reaches a final decision on the disposition
-of the proposed rent adjustment, the balance of the winning party's fee
shall be returned to that party within ten (10) days. The balance of
-the fees of the loosing party will be returned after ninety(90) days
-to insure compliance with the arbitrator's decision. In the event that
a non-compliance situation occurs;, the looser's fee will go to defray
the costs of enforcing the arbitrator's decision.
By imposing such restrictions and guidelines as outlined above, the
City may escape from the administrative nightmares normally associated
with controlling the rental housing market.
RECOVNENDATION:
If the Council desires to increase the supply of mobile home units
in Carlsbad it is recommended that the City pursue long range strategies
similar to the Sub-divison, Park Development Incentive options.
If the Council desires to provide short term rent relief to the mobile
home park residents in Carlsbad, it appears advisable to pursue the
establishment of a Mobile Nome Arbitration Guideline Ordinance.
IX-
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ORDINANCE NO. 9565
2 1 AN URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF CARLSBAD, CALIFORNIA,
3 DECLARING A MORATORIUM ON RENTAL INCREASES
ON MOBILE HOME SPACES WITHIN THE CITY OF
4 CARLSBAD FOR A PERIOD OF TWO MONTHS
BEGINNING OfTOBER 28,�q
5
The City Council of the City of Carlsbad, California hereby
q finds and determines as follows:
g 1. In recent month's there has been an increase in concern
9 on the part of public officials and citizens of Carlsbad regarding
10 the existence of a housing shortage and exorbitant rent increases
11 in residential rental housing in this city.
0
12 2. The problefn is especially acute in mobile home housing.
8 13 3. Mobile home housing forms a substantial proportion
a 14 of the housing in the the City.
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s Via° 16 A. There is a critically low -vacancy rate in mobile home
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W z a 16 housing of less than _,2 % and there are rising exorbitant rents
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a �
18 5. Mobile home tenants are being exploited by significant
U
19 rent increases because of the relatively permanent nature of
20 their homes, the high cost of relocation and the difficulty
21 of finding an alternative space make it almost impossible to
22 move.
23 6. This condition is having a detrimental effect on the
24 lives of a substantial number of citizens of the City, many of
25 whom are senior citizens who live on fixed incomes and spend
28 a substantial portion of their income on rent and is -endangering
27 the health and welfare of such persons, especially creating
28 hardships on senior citizens and persons on fixed incomes.
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7. The City Council intends to appoint a committee to
2
report on the desirability and feasibility of measures designed
3
to address this problem.
4
8. The existing conditions have led mobile home park
5
residents to petition this -Council for help and assistance so
6
that the action of park owners wi.11 not lead to the displacement
7
of -a large number of residents.'
8
9. Efforts by the City to obtain voluntary cooperation by
If
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park owners to,moderate pending rent increases have failed.
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10. There is an urgent necessity emporarily stabilize
;
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rents and establish tenants' rights so tenants are not arbitrarily
12
forced to move.
4
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NOW, THEREFORE, the City Council of the City of Carlsbad,
�Q
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California, does hereby ordain as follo,
°�'<LL4 15
SECTION 1: Purpose. ose. Pending further study of the develop-
U: W 6
� W e 16
ment and adoption of measures to address the problems created
a~ �c3c 17
by the present shortage of mobile home space, it is necessary
5 18
to place a temporary moratorium on rent increases for a
19
-rconth period beginning Qctobgr 28, 1980 on residential
`tt
20
mobile home spaces within the City of Carlsbad.
F`
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SECTION 2: Definitions.
+
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a. Park services: Services connected with the use or
f.
23
'occupancy of the rental space in a mobile home park including,
}
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but not limited to, exterior repairs and maintenance, provision
25
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of utilit;•. , provision and maintenance og common recreational
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areas, laundry facilities and other privileges, refuse removal,
27
parking and any other benefits, privileges or facilities.
28
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1 b. Landlord: An owner, lessor, sub -lessor, including any
2 person, firm, corporation, partnership or other entity entitled
3 to receive rent for the use of any mobile home park rental space
4 or the agent, representative, or successor of any of the fore-
5 _going.
6 C. Moratorium: The period of time beginning on the
r
7 effective date of this ordinance and continuing for a -,period of i
F
8 two months antil December 28, 1980 _ r or until such time as
.9 the City Council establishes a procedure for the adjustment and/or i
{
10 regulation of rents, whichever occurs first.
11 d. Rent: The consideration, including any bonus, benefits,
12 or gratuities demanded or received for or in connection with the
°a
to § 13 use or occupancy of a rental unit or the transfer of a lease of
a m
a 14 such a unit, including but not limited to money demanded or paid
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15
m q ` parking, for park services of any kind, for subletting or
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for
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a -17 e. Rental Units: All mobile home par,: spacesin the City
cs 18 of Carlsbad designed for rental use or actually rented on the
.19 effective date of this ordinance together with the land and
1
? 20 buildings appurtenant thereto and all services, privileges and
21 facilities supplied in connection with the use and occupancy a
22 thereof, including parking facilities. The term shall not
23 include mobile home spaces in any mobile home park in which, on
24 the effective date of this ordinance, rents are regulated by long
f
25 term leases.
26 f. Tenant: A tenant, lessee, sub -lessee or any other ,
27 person entitled to the use or occupancy of any rental unit.
28
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24
25
26
27
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SECTION 3: Rental Increase Moratorium.
a., Beginning on the effective date of this ordinance and
continuing for a period of two months or until such time as the
City Council establishes a.procedure for the adjustment and/or
regulation of rents, whichever occurs first, rents shall not be
increased except as provided in subsection b(3) below.
b. During the moratorium period, the maximum rent for a
rental unit in a mobile home park in the City of Carlsbad shall
be the following:
(1) For a rental unit which was rented as of the
effective date of this ordinance, and continued to be rented
t
thereafter to one or more of the same persons, the rent shall
not exceed that in effect on such date. The level of park
services provided to the rental unit on that date shall not be,
reduced during the moratorium period.
(2) For a rental unit which was not rented as of -the
effective date of this ordinance, but was subsequently rented
and continued to be rented to one or more of the same persons,
the rent shall not exceed that in effect on the date of subsequent
rental for as long as such unit continues to be rented to one
or more of the same persons. The level of park services
provided to the rental unit on the date of rental shall not be
reduced during the moratoriums period.
(3) For a rental unit voluntarily vacated on or after
the effective date of this ordinance, and prior to the end of
the moratorium period, if the vacancy was voluntary, then the rent
may be increased -upon the re -renting of the rental unit. A
vacancy shall not be considered voluntary if it was the result
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of an eviction whether for just cause or otherwise or a landlord's
•
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2
refusal to renew a periodic tenancy or lease agreement or a
3
landlord's declaration by notice or otherwise of an intent to
4
change the use of the land on which the mobile home park'is
5
situated or of a tenant's refusal to enter into a new long term
;
6
lease. So Iona as such unit continues to'be rented to one or more
7
of'the same persons, such rent shall not exceed that in effect on
8
the date the rental unit is re -rented nor shall the level of park
y
.9
-services provided on that re -rental date'be reduced during the
10
}
moratorium period.
` 11
(4) For rental units vacated other than voluntarily
12
after the effective date of this ordinance, the rent for such
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rental units shall not thereafter exceed the rent in effect
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immediately prior to such involuntary *vacation -unless the unit
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is subsequently voluntarily vacated. The level. of ark services
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provided prior to such involuntary vacation shall not be -reduced
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during the moratorium period.
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SECTION 4: Evictions. No landlord shall bring any action
'
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to recover possession of a rental unit subjact to the provisions
20
of this ordinance, unless:
21
a. The tenant has violated an obligation or covenant
22
of her or his tenancy other than the obligation to surrender
23
possession upon proper notice and has failed to cure such
24
violation after having received written notice thereof from the
i
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landlord,
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b. The tenant is committingor permitting to exist a
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nuisance in, or is causing substantial damage to, the rental unit,
28
or is creating a substantial interference with the comfort, safety
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or enjoyment of the landlord or other occupants of the same.
c. The tenant, who had a rental housing agreement which
has terminated, has refused after written request or demand by the
i
landlord, to execute a written extension or renewal thereof for
A further term of like duration and in such terms as are not
consistent with or violative of any provisions of this ordinance
and are materially the same as in the -previous agreement.
e. The tenant has refused -the landlord reasonable" access
to the rental unit, for the purpose of making necessary repairs
or improvement required by the laws of the United States, the
State of California or any subdivision thereof, or for the purpose
C
of inspection as permitted or required by the rental housing
agreement or by law or for the purpose of showing the rental
s
unit.
f. The tenant holding at the end of the term is a sub-
tenant not approved by the landlord.
SECTION 5: Refusa:l of the .tenant to .pay a rent increase.
�
i
A tenant may refuse to pay any increase in rent which is in
violation of this ordinance and such violation shall be a defense
in any action brought to recover possession of a rental unit -or
to collect the illegally charged rent increase.
SECTION 7: Civil remedies. Any landlord who demands,
accepts, receives, or retains any payment of rent in excess
of the maximum lawful rent, in violation of the provisions
of this ordinance, shall be liable as hereinafter provided to
the tenant from whom such payment is demanded, accepted, received
or retained, for reasonable attorneys -fees and costs as
determined by the court, plus damages in the amount of two
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hundred dollars or not more than three times the amount by
2
which the payment or payments demanded, accepted, received or
3
retained, whichever is the greater.
4
SECTIOr 7: Nonwaiverability. Any provision, whether oral
5
or written, in or pertaining to a rental agreement whereby
6
any provision of this ordinance for the benefit of a tenant is
7
waived, shall be deemed to be against public policy and shall
8
be void.
•9
SECTION 8: Severability. I£ any,provision or clause of
10
this ordinance or the application thereof to any person or
11
circumstance is held to be unconstitutional or to be otherwise
12
invalid by any court of competent jurisdiction, such invalidity
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J
shall not affect other ordinance provisions or clauses or,
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applications thereof which can be implemented without the invalid
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provision or clause or application and to this end the provisions
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and clauses of this ordinance are declared to be severable:
Z o ' N
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SECTION 9: This ordinance is hereby declared to be an
U
18
emergency ordinance adopted as an urgency measure to protect the
y
19
public health, safety and welfare and shall take effect
20
immediately upon its adoption. The'facts constituting the
21
emergency are set forth above and represent a serious threat
•
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to the maintenance of the existing mobile home park rental
1
23
housing supply within thrr City with respect to all economic
24'
segments of the community and especially to senior citizens,
25
persons of -low and moderate incomes and to those on fixed
26
incomes and are contrary to the goals and objectives of the
27
housing element of the general plan of the City of Carlsbad.
28
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SECTION 10: The City Clerk shall certify to the adoption
of this'ordiriance and shall cause a copy hereof to be published
2
as required by law.
� adjourned
INTRODUCED, PASSED AND ADOPTED at a/rdgular meeting of the
4
City Council of the City of Carlsbad, California held on'the
5
28th day of October , 1980 by the following vote, to wit:
6
j AYES: Council Members Packard, Casler, Lewis and Kulchin
7_
NOES: Council Member Anear
8
1 ABSENT: None
10 - l/
11 RONALD C. PACKARD, Mayor
+, e
0 12 ATTEST:
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`° J 13 8
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o'az0 ALETHA L. RAUTENKRANZ, City Clerk
2 P S J
u W (SELO
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22,
23 -
24
25
26
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or
ic: 'nt21 '... 14olven, City Manafter
reort slob ih:own, Admi.nistlNit:.ive Asu.iSLant 11'
"�iIJECT: t'icabilc !Iome Park !tent Heli.ef_It-9taesL
D:ir.ing its meeting on ;ehtc:mber 20, 1977; the City Council
,Kqc-iive(1 icpor. Ls from the City Manager's Of,`:tce, City AtL•orney's''Office �..
arei Financc I)epartment on thi, subject of Inobi.le holne part: rent- control.
After reviewing these reports, t:hi? City Council took testimony from
represent t:lLiver. oG the group which ha:• asked Lhe.C.ity to elnacL• a local
runt stnhilization program, as well as from.an individual opposed•to
that request..
At l;he conclusion .of that testimony, the,City Council, at the
request of: Uid mobile house tenants, agread to i.nvitc a representil-tive
from the State DepirLinont of lklusing and ConimuniLy Development to make
an 'inT.orinat.ionai. preser.Lat-.ion on the subject of: rent control during
its ntc:tinfl on October. 4, 1917. 'I'll(! C:i ty Council also l. seectn(I
Orl-nhf:r III n:: thft date when ii Wnnlcl %ivct f:ur,thrf r_ollsid.-ration to Hic
i a -C.ily enacted •r.ont. r.Labi 1 ization program. CiLy sl -I t•,as
asked 't-ia provide additional informatin-n on the legal and admi.r ;strative
issues invo•lvcd in a City rent control program for City Council con- �
sider.ation at that mectincl. The at ached r.et,or.ts from the City Attorneys. -
Office and Finance DeparLitign-t•have becn.provided in response 1:6 that
request.
The, report from the Assi.sUinL• City ALLorney indicates that the
City ,clocs hive the power to •impose renL• control:: oil Mobile jtome Clarks.
.however, suff•.i.ci.enl factual, data tc�sjocument Life need for such controls
must be collected before they are imposed. This data trust: confirm that '
thane is a shortage of inabi le houlc spaces nial, feirther, must confirm
tliaL Lit-i. .short tjd is' resu.l LJncl in rant Level':. above the financial
- 11ity of mobile home• Lrnaul s. The tinL•ure and ext:enl: oC any rent: 1
collt•rOt plrllraill ollactod by I.hf• City mit::L'bc only 71 :: re.::L•r.ii:tivc a::
jWl:(t::::.1l y I'l .1.1111•ons I.11f, spof• 1 f i f: Ill 11111 cm..: 111f`I11: i I 1 f'll sly I -his da t .1 .
The rrllclrt t11!-.o indirat.c•:tHial ally rc:tit conlrot proUrnm enacted by Life t
City must allow for a reasoliable financial return to mobile home hark
-owners. .r....
-r
All hoticih local mrlh•i l r ttcunv dwellers. have present.•ed i nrormat:i,on �
-on •rac-Oit: hicut-ands and cltrl f,rtl; l i:vvI s of wobi.l a home stark renL•s, it is
ippar.ent: Hint. roach nlor.e cL•11.1-woluld he recitdred pried: Lb the adoption of
a lecial 1 y valid rein control prl+.lt yam as ::et for. Lh in Lhe A:.:: i sl':u1L City
ALLoa;ncy'::•a:.c-ilclr.t•. The nc:ucl't:11 infoc:uatioii wc,uld include daLa an prescnt
• lllobi 1-v 'holl:o 11'11;1: VilCiUll Wilt t•::� illlrl fllc' 'Illlrllh(•r ;1 �1'tl('f1nIQ ) (lVi�i";; (1f'
thvse ti►nlli lc;' home dwellr•L:: ;Iclvc•r:;clp aCfecLed by current renL•al raL•cs.
4
Pricar, to the . 111111 •tlu•ntaL•ion of .I r.i•nl: control, prnttr.un it would
also be nrrr.;;s;lry 'to estahl ish ;1 basis for detrl mining what, eonst-ituL•es
a roa:;on.lblc financial 1;r•lurn for Lhe mobile holita park owncirs. The
number of fflctors involved ill such a cletel:m�naL.ion makes it a very
coltlpl.c:r. milt•(er. In fart, finale (Inrrst:inns have been raisecl its to wheLlier
or not n rent conLro.l Pr(All-ilrn which allows a reasonable return in a
Milliner CMM.i:;t•cnL tvi.th ),vqa) requ.irementt. will acLually provide rental
,relief: L•o mobile honk dwe,l,lr,rs.
since collectiuq Hic: necessary data to document the need for a
retit control. program, and,p:;tah tsbi.ng a basis for determining reasonable
financial returns, represent major work efforts not anticipated in t:he ' '
manpower allocations t:a ;1p1.1rOW'd budget procarams, the Finance Department
.has sugUested a consultant Study to generate the necessary information
a_[ the City Council wishes to pursuc the rent control alter:nati.vc as
.the method of addressing the problems now facing mobile home dwellers.
The reports previcius.ly submitted 1-:6 tho City'Council enumerated
var.iolIS Philo::ophical iSsucs which should be addressed by tile City prior
to determining whether renL c6ilt:rol constitutes the most appropriate
response to the current prohl"e►tts c?f mobile flame dwellers. Perhaps the
most: basic of these i.ssucfi is whether the City should take action to
f provide economic ref ir• f L•o dwellers of one. portion of -L•he
ltcnl:;illu nl.►tkc:h a-cclar(ll.c::u: c1f itidi.vidital novel, as opposutl to dr.vclol-;ing
prilgr_ain;; wtl i ch ' provide re I i v f I:o those sepc;.f is individuals who are J .
facing extreme financial.liardsliips.
If the: City Crnlni:i.l. concludes, on the'bas.is of ii-s cons idernLion•
of the phi;loLophical issue:, ,involved, that the City should t..ke action to
# provide speciCic assisL•ance to -those mobile home •dwellers facing severe
[ financial hardships, further consideration should be given to the most
4 effective method of provi.ditig such assi'sL.ance. This conviderat 6n might
• include: further study of tit(!, recommendation., set forth in the Finance
.4)epartmentls previous report on --this subject. These recommendations
include the .possible ut•il.izatioti of Community Development Block GratiL
Eunda (CD13G) to assist those mobile horse dwellers %-AL•h very limited
inccmlcs by: • developing it nlo),i•le twine park, .providing rent subsidies;
and/or by making relocilt-Joel .-1r.si:;Lance available. Additionally, the
City could lend its active fiuppc�rt to appropriiite -.legislative proposals,
,, ::uc:h il:;.Phorr• 1-ceelit1y lilt rncliu:c•d in i:hc t1.;';, l:clncl►e:;:;. 011(r p(.11di11d
bill. wrt1111 -pl ov.ide te(ler.l l 1'1111(t;: ('ol' tile devr:lnpnu;ni: of: low-cont, nlohi la
•}tome. part;r. I ur I.tle c.lc1(•1 1 y stud fl i nalited; ;lnctl.hur woulrl p1:ov.idc: • f i 11;1n(: ial
'PSJ LJt„ul.v under Lhe Sect:ioll 1) holld;.irlg proyranl to mobile home dwellers.
irnplc:mc�nL.�tion of irtic or more or the nhnve,pr•otirams• would help:
tho::c: tllclhi I(: holnr_ dw(:.l.lcl.s. orl v(;ry t•itni.L•rd incomes. si.lnilar act -ions
e:oil.i(I h1• ('cnl;:iderod to nr::i;;(, Ihn:a: nlnhile hcluu+ dwOlors, with higher
incoltiv It•vols . Such act.i(►lln tnighl. include:' cclrl:;ide,ring l.hc drsil-:1WAiLy
,.).f llrrmil-ing Ihr (level(lpuu•nl of 111ohile haute park ::ubdivid.ion:•, wilicll
tmu,ld M i,ow Mobile hon►evwill"I's Lo plircha:.;c: Lhair own lot:,, and facili,tat.iuq
r
illr. tll.•Vl-11%111111- I It oj! I'll 1� chit .;I! ()I lliltk- by inobilt,
C'O'- 01�6rat,ivt! dl-janizal;iolis-
'Recolillimiltia L'i on
Jr-l-lic City Comm il collullide.n. Llia L Elie phi losollhicnl. and/or
ptac0cal, ismics rcl.atinq to retiL control stiggost that nnoLlier approach
to tIj(j pl-ohlem is 6iorc appropriaLe, it: is recommended that staff be
dirccLed to:
ll (-r.t-jrj;jIc, flit, pos.03iJity or utilizinc
i V CDIIG
• hillds to devolop a it-101-c! lictlim park, Tirt;vidc rent
-jilti/or makt,*i:�Icication assisumcc available.
2.- linclertakc a feasibi1ity sttldy of ordinance amendments
permitting the development of mobili2 home park sub7
divisions.
3. Compi-le information which sets fokth the steps necessary
to establish mobil(: homeowner cooperat.ivas for -tile
purpose of purchasing or developing mobile haittie parks.
4. I)dvolop a City strut ogy to cncourage� the adoption Of
State and Fedetal, 1c,gis-Ijition wlij,dh would help to
m3dress the problem:: facing mobile home dwellers.
•
Altermitive ItcColtimenclaU.011
W! cil-.y ccgilic- i I iono lven'Llic pluilos-oplik --al issuer, re 1 1( ,
L-
to lllobiic! homo park rent: Vomit tol la its sc)tinfacLi(m, and bonclutics 11at,
coi4i.-o.l. is Lite most: appi bise to Lite problem!, facing
rent -ollt.-iatc resp 1
mobile hollic tvilstits, it is r6commencled that City staff be directod Lo
initivita the stops necessary to employ a 601"Is"Itant: for the purpose of
developing the factual. dat.h 're(litirc-d Ld document the need for a rent
1c;c, r of I-Air-CconsulLant: study rckcrred• to im the
Finance DeparUttent's report.)
v.
Administrative Assistant II
ALLimi
OFFIC%* OF
CITY HALT. EAST
LOS ANGFLES. CALIFOPNIA 90:)12
,f��I�II•,' t• y REPORT 'NO
11'l�
• SUP,T PINES i
CSTY ATTORNCY i
1
REPORT RE:
LEGAL AND ENFORCEMENT IMPLICATIONS
! OF LONG-TERtd RANT REGULATION_
t
1
The Honorable Governmental Operations
Cor.,mittee of the Los Angeles City Council
room 395, City Hall
Los Angles, California 90012
(Counci'. Files Nos. 78-3321 and surpler►ents. !
not transmitted herewith.)
Honorable Members:
1 i
i `The above -referenced Council files relate to
Ordinance No. 151,415, as amended. This ordinance, which i
} became effective on October 1, 1978, prohibits most rent.
in,reases on residential•properties in the City of Los
Angeles for a period of six months, pending further study
by the City of long-term mea$ores. 1 k
In oral conversations between the Committee ;F
Chairman and the City Attorney, it was requested that this
' office report to the Committee on the following matters:
the decision of the California Supreme Court in the landmarY,
case of Iiz �kcrfeld v. Cif of Berkelcv; the legal ccnsideras
tions iT%TiEJ ec: in adopting an ordinance establishing la perna7e:it
or lan;!-term rent regulation in; the City;, a::d the iac,•
eaforcenaz< problems involved in -the implementation of such
regulations.
Subsequently, at your Committee meeting of Novel,.:.,er iv,
1978, you recluc:sted our written views on the following ,q;:cst'icr:s.
a
Ionorabl= Governmental Operations
• The F P
Committee of the Los Angeles C#y.Council
Page 2
(a) Is -it possible/oimippose rent regulations in
some geographic areas of thhe!City and not in others;
(b) May the City adopt eviction controls as part
of the system of rent r gulation; and
(c) Aside,/rom imposing a real estate transfer t&x,.
are there any legahfineans available to provide economic
disincentives to the buying and selling of existing residential
rental properties? 1
Our//d�ews on the quesfiions posed by the Committee and
Chairman are5as•follows-
' I
SM ARY OF THE BiRNENFELP DECISION �
• The decision in the case of Birkenfeldy._Ci-ty of
Berkelev.was handed down by the California Supreme Court on
June 16, 1976. It is the first California Supreme Court case
to rule on the constitutionality of municipal rent regulation.
Although there are many other cases dealing with rent con-rol
in states other .than California, principally New Jersey and 1
New York, Birkenfeld �!q the,only reported California case on
the subjectt. '(Transmitted.herewith is a copy of an opinion
-- prepared by this office on August 31, 1976, Extensively 4
discussing the holding in the Birkenfeld case.)
This case involved••a 1972 Berkeley initiative measure I
which amended the City'Charter to create a local Rent Control
Board to establish the maximum residential rents chargeable by
i landlords within the City. A group of landlords challenged
the constitutional validity of the rent'control law in the
Alameda County Superior Court and, in 1973, the Superior
Court declared the lair void and enjoined the City from enforcing
The California Supreme Court affirmed the holding of '
the trial gourt, although it upheld the authority of cities to '
impose rent controls as a means of addressing the proble:Is
-created by a housing shortage. It.invalidated the Berkeley
e
Ll
• The Honorable Governmental Operations'
Committee of the Los Angeles City•Councl
Page 3
charter amendment, however, because its provisions -for the
adjustment of maximum rents failed to protect landlords from
` confiscatory rent levels. In -the event you dish information
.relative to the t3irkenfeld holding additional to.that conta4nea-
in the copy of'tFe op ion transmitted herewith, please let us
• know.
LEGAL CONSIDERATIONS INVOLVED IN
PERMANENT RENT REGULATION
The second question posed by the Committee Chairman:
dealt with the egal factors which should be cons-:3ered prior•
to the adoption of permanent or long-term rent regulations.
In our view, consideration first must be given to
whether a reasonable basis exists for the adoption of such
regulations at all. The California Supreme Court in the
Birkenfeld case.held.that .the existence of a housing shortage
wit -the caused by such shortage is enough to'justi=v
the adoption of rent regulations. If it,is det0:mined that such
a reasona:le basis exists, consideratiooi: should also be given to
the potential impact of such an ordinance and.to the Nossible
alternatives to the adoption of permanent rent regulations.
The requirements of the'California Environmental Quality.
*'_,Act•(CEQA) must also be complied with. This process will
involve the preparation of an initial study,by a City depart-
ment assigned this responsibility followed by the preparation of
a negative declaration if the initial study concludes that a
long-term rent measure will not have a substantial adverse
impact on the environment, or an EIR if it is concluded that �tla=
proposal may have a substantial'adverse.impact. ,
• A determination must also be made on whether the
'ordinance will be in effect for an indefinite future or for some
specific:period of time; and whether the costs of administration
and enforcement of such an ordinance would be just.ifi.ed'by the
anticipated 1anefxts to be gained from regulation.
The extent of coverage of the ordinance must also be
determined. At t1is point, only thb control of residential
rentals has been considered by your Committee. However, if you
determine that a similar problem exists with respect to
commercial rentals, you may knish to consider the feasibility
The Honorable Governmental Operations
Coranittee of the Los Angeles City Council
page 4
of imposing controls on the rents•charged to these properties.
On the other hand, if your only concern is with the control
of residential rentals, you may wish to exclude certain
types of residential rentals from such controls, etc., hotel
rooms, single-family housing, apartments with less than a
given number of units.
Once the extent of coverage of the ordinance is a..
determined, consideration must be given to the initial rentals z
which will be allowed by the ordinance -at the outset before
any adjustments are permitted. Base rents can be determined
by reference to rents at some specified date, e.g., the reitts
in effect at the effective date of the ordinance, rents being
paid on a date prior to that, or some other reasonable date.
The next element that must -be built into any
• permanent or long-term system of rent'regulation is a
mechanism for -the adjustment of maximum rept levels.
A permanent rent regulation, in order to withstand
constitutional challenge, must include.reasonable standards
pursuaiit to which requests for maximum rental adjustments
could be granted or denied-. Most rent regulation measures in
i
other jurisdictions designate an administrative agency
(including hearing officers, appeal agencies, etc., if
desired) to process and determine case by case requests for
rental adjustments. Further, since there are approximately'
700,000 rental units in .the City, such an agency should have
the authority to promulgate,regulations granting across-the-
board rent adjustments to classes of properties, where
appropriate. In providing for such an administrative agency,
care must be taken :hat it be so established and have such
procedures that requests for -tent adjustments can be processed
without any greater delay than is reasonably and practically
necessary.
Finally, consideration must also be given in the
'ordinance to whether and, if so, what fees should be imposed
to pay the cost of processing individual registration state-
ments and applications for adjustment of rent. Such fees, however,
f
The Honorable Governmental Operations
committee of the Los Angeles City Council
Page 5
cannot be of such an amount as to constitute•a fund-raising
measure for purposes other than offsetting such,processing
costs and reasonably related overhead costs.
The final question posed by the Committee Chairman
dealt with the implications for law enforcement of the
imposition of a long-term system of rent.regulations. Two
aspects of the enforcement of the rent ordinance must be
considered: the civil aspect and the criminal aspect.
CIVIL LAW ENFORCEMENT QUESTIONS
it is expected that attorneys from the Civil Branch
of,Qur office would not only be involved with defending the
constitutionality of any permanent rent regulations in
general, but with advising any City rent regulation agency and
defending actions brought by landlords and tenants challenging
the validit.- of the grant or denial of rent adjustment requests.
To :he extent feasible, the ordinance should provide
tenants with the right to seek civil redress for landlord
violation of rent ordinance provisions, thereby minimizing the
._...need for City personnel involvement. It is obvious that until,
and if, any permanent rent regulations are decided upon and
*enacted and until the volumeofcomplaints and inquiries in
actual practice are ascertained, no final estimate can be made
of the added attorney staff needed to handle the civil aspects
of such an ordinance. tie will make ar. initial estimate,
however, of four additional attorneys And two additional,
secretaries to meet such needs. Therefore, where tenants are
adversely affected by landlord violations of rent ceilings,
.they'should be encouraged to take the initiative in asserting
their own rights. The ordinance can provide such encourage-
ment in several ways: a provision could be made in the
ordinance making the refusal to pay an unauthorized rent
increase a defense to an eviction proceeding. The ordinance
could also create a defense in unlawful detainer actions where
-it can be shown that such an eviction action is brought in
retaliation for a tenant's refusal to pay unlawful rent amounts
or for opposing rent increase requests made by the landlord to
.the City agency.
f
.The honorable Governmental Operations
Committee of the Los Angeles City.6uncil
Page 6
• Another civil technique for enforcing permanent
rent regulations adopted in other jurisdictions is to give ;
those tenants who are victims of unlawful rent increases a
cause of action for damages and attorneys' fees in civil
court. A provision for the.award of attorneys' fees is ;
designed to assure that those tenants, no matter what their
economic status, whose rights have been violated, can hire
an attorney to plead their case for them in court. if they '
are successful, their attorneys' fees will be paid for by
the defendant landlord.
There is some question, however, of the extent to
which a city can create a private cause of action by means of
municipal ordinance. The California Supreme Court has upheld
-the right of a city to create affirmative defenses. However,
It has, not ruled on whether a city can authorize tenants to
bring actions against landlords themselves. There appears to i
'be no express prohibition of a city adopting such a measure.
However, final.resolution of the validity of such a measure
would have to await further research or specific court
decisions on the issue.' ;
CRIMINAL LATV ENFORCE14ENT QUESTIONS
Enactment of permanent rent regulation in Lps.Angeles =
with criminal sanctions for` violation of ordinance provisions f
requires an enforcement capability including the -components
summarized below. ?
1. Information Dissemination 4
Adoption of a new law affecting the rights and
responsibilities of a large percentage of the population compels
employment of persons able to explain its provisions. At this
time, the Housing Division of the Community Development
Department has attempted to provide this.service. The adoption
of permanent rent regulations will require that persons'
familiar with the ordinance be available to answer questions of
both tenants and landlords. The ease with which people afffectgd
by the 'ordinance can obtain accurate information will affect
-compliance and lessen later enforcement problems, i.e., the
di*snmination of correct information :till encourage. M`.'fcctcd
-parties to assert their rights and procure voluntary,compliance
with the law.
_L�
MI
i
6
The Honorable Governmental' Operations
Committee of the Los Aneles City Council
Page 7
• persons who answer such questions need not'be'
lawyers; nor do they need to be employed in a law office.
However, they will need access to legal counsel to verify
their understanding of the provisions and ask for interpreta-
tion of novel issues. ;
2. Complaint Response
Personnel will be necessary to respond to reports of
tionlaw violations. This funcossessust informati nbe-able concerningist
persons who believe they p
constitute
viol.atiors, and to screen information which does no4
a violation. Personnel will need to be familiar with the law
and must have some expertise in the facts necessary to support
an ordinance violation.
allegations of
At this tiiqsr the Housing Division is attemptingle to to
beinfulfill this function without, however; Fairness Fairness
direct assistance in completion of -complaint
forms by persons trained to istance be understandrovided nthethe
requirediinfo information.
forms 1 p
• Without such assistance, reports °nouviolations
complete thisbstep
taken from persons sophisticated ghto
i-of the process independently. The aged,. the -infirm, and those
less educated or unfamiliar with the process may be precluded
from obtaining the same relief as those who are able to
.._.complete complaint forms adequately. .
3. Investigation'
An adequate investigation component is required for
• Personnel are
enforcement of long-term rent regulations.
necess'.ry who have the ability. to ascertain
ler rralthe
allega-
tions are correct and sufficient to j Y referral
prosecutor's office for appropriate disposition. This component
does not need peace officers. Investigators simualifiedttoSe
employed in various existing City agencies are.q
execute this function. Telephone calls; visits to the premises,
personal interviews, and preparation of reports are required.
Without an objective investigative capability, the
City would be unable to protect the integrity of an enforcement
program, allowing persons with a financial or other incentive
avoid detection and -the consequences of the law.
to find ways to
The honorable Governmental operations
Committee of the Los Angeles City Council
Page 8
An effective public prosecutor must rely on objective�'fact
• gatherers who can determinather information necchsarynged
to ,
assertions by any party, g otherwise be
complete a set of circumstances which may
insufficient to prove a violation of the law, andensive translate
the raw data of individual stories into a comp
reh
ient for efficient attorney review.
report suffic
.. 4. Super°n
Supervision and management'o' each Of the components
described above are necessary. Methods of investigation
appropriate for public agencies, levels of staffing, review
' of 'information disseaninated to the public, and an accounta4
bility to executive policy makers must be focused in a small
i number of persons.
5. Prosecution
s_ After zhe necessary preparatory work ,e the.
been
;• completed, the prosecutor's office must validatefforts
by appropriate review'and disposition of complaints. attorneys
Initially, we estimate a minimum of three deputy city
will 'be required to review CriminalnBranchess by•invastigators,laints urespond
i the City'Attorney ed with the responsibility of
to questions by those charged
investigation, train hearing officers in the elements
of,tand
law, review recommended dispositions by hearing o
prepare and prosecute the selected cases.
Two hearing officers would be required to conduct
hearings, one for both Central and Branch Trials Division
operations. Secretaries would be required to provide
ssistance to both attorneys and hearing of.anders in their
aosecu-
review of complaints, conduct of hearings,
tion functions.
t At this time, it is difficult to ascertain the
1
level of misdemeanor filings which would occur upon passage
of a permanent rent or The level of investigation
would affect the number of cases develoNd It is assumed
that 'most persons would attempt to comply with the law and
that 'the presence of the prosecution ' ability would be an
affective deterrence.
The Honorable Governmental Operations
Committee of the Los Angeles City Council
Page 9
QUESTIONS POSED BY TIPE COMMITTEE
With respect to the first question posed by the
Committee, in our view, it.may be legally permissible to
impose rent•regulations on less than all geographic areas of
the City. As indicated above, the California Supreme Court,
in the case of Birkenfeld v._City of Berkeley, 17.Ca1. 3d
129, upheld the—r—i—gFt—of municipalities under the police
power to impose rent controls as a means of addressing the
problems caused by a housing shortage. It is our view that
if determined by the City.Council to be reasonable under the
facts presented, such regulations could be made applicable
in only those areas of the City where the problems caused by
a housing shortage are found to be most acute. This could
be done by drafting an ordinance which would contain
• threshholds or standards which would•indicate whether a
housing shortage in a particular community is of sufficient
severity to.trigger the imposition of rent regulations:
. Another legislative approach Mould be to draft an ordinance,' -
much like our present zoning crdinance, dividing the City
into various zones and specifically designating the rest
regulations which would apply in each respective zone. As
long as some rational basis exists for, treating the housing
stock in one zone differently from the other and for
--• adopting differing regulations with respect thereto, then
such regulations would be permissible.
The Committee's *econd question was on the extent
to which eviction controls•could be made a part of a
system of permanent rent regulation. It is our view based
on.the Supreme Court's holding in the Birkpnfeld case that
the City may, as a means of enforcing rent ceilings, limit
the grounds upon which a landlord can evict a tenant. The
ordinance, for example, may contain provisions thae'
prohibit the eviction of a tenant at the expiration of the
tenancy unless the tenant is in breach -of a specific
obligation, either imposed by 'lease agreement or by Taos;
the premises are to be withdrawn from the rental market by
the landlord; or the landlord's offer to renew a tenancy
• t
0
The Honorable Governmental Operations
Committee of the Los Angeles City Council
Page 10
has been refused by a tenant. The California Supreme
Court in the Birkenfeld case expressly upheld the
• provisions of the Berkeley charter amendment which would
have limited evictions to just cause. Based on this
holding, therefore, it is our view that the City•may adopt '
similar regulations as part of a long-term or permanent
system of rent regulation.
With respect to the Committee's third question,
whether or not, aside from imposing a tax, are there any
legal means available to provide economic disincentives to
the buying or selling of existing residential rental F
properties, it is our view that the City's options in this
area are extremely limited. ?
It is assumed that your question is based on the
fact ti.at in the many Council hearings that were held
investigating the prohlems caused by a housing shortage in
the City of Los Angeles, it was established•that one reason
for.exorbitarit rent increases is that existing rental
r property is sold to a buyer at an often excessive price.
This buyer then., in turn; raises rents to cover his debt
�• service. Therefore, by discouraging the buying and selling
of existing residential•properties, it was thought that this
factor contributing,to the,xent increases in�the City of Los
Angeles could be lessened. „
Although without precedent to our knowledge,.we
believe that should the Council find -that proper public -
purpose exists, the City could adopt a program of providing
incentives in the form of loans or grants to those landlords
who hold onto their residential properties for a specified
period of time. Those landlords who do not hold onto their
! 'property for that period of time then could not participate ;
in this loan or grant program.
The Honorable Governmental Operations
Committee of the Los Angeles City'Council•
Page
• r
The City under its police power has the right and the
power to make and enforce laws to promote the public welfare.
As long as the Council finds that such a program would
reasonably serve the hebcourlic tsrwouldose auphnd oldmthe valiote the dity of
• welfare, we believe
such a program.
In our view, the City could not adopt a lbw directly
prohibiting or limiting the right to buy or sell 'existing
residential rental properties in the City. We believe that
such env;otice be held invalid as an unreasonable restraint on the
r alienation of property.
C'
If you have any further questions with regard to t.- !
matters discussed above, please do not hesitate to contact us.
Very truly yours,
BURT PINES, City Attorney ;
Y4 l %
-_• $ C DIA Di GEE-•IJENRY •'
Deputy City Attorney
CMGH: sam i
13
(/ G
CIT
". CITY Of 5AN JO!5r
T 1.1 wLST wsrioN STRCET
SAN JOSF., CA-VORNIA 95110
CITY ATTOIIHLY %U00) 277.4434
i
September 2, 1978
REPOP.T TO THE HONORABLE `
MAYOR AND CITY COUNCIL'
LEGALITY OF THE MOBILE noun. RENT REVIEW COMMISSION
AND OTHER FORMS OF RENT CONTROL
The issue of city-wide rent control for all. rental units °
was recently addressed by the California Supreme Court in the
case of.Birkenfeld v. City of Berkeley, (1976).17 Cal.3d 129,
wherein the Supreme Court' examined the limits of the city Is s
police power to regulate this subject matter.
In Bir.kenfeld, the voters passed a rent control charter
amendment which maintained re:"ts at a certain level, established
a city coirsnission, empowered it to adjust maximum rents after. 1
hearing, and conditioned a 1Gndlord's right to .recover possession
..it.
of rental premises on obtaining "a certificate of eviction" from
y the city. f
The initiative was attacked in a landlord class action
in which the trial court declared the amendment void, and en-
joined the city from enforcing it- on the following grounds:
1
f
0
REPORT TO THE HONORABLE PaWOR AND CITY COUNCIL Page 2
Rend, Control 9/12/7 S
1. The evidence at trial showed thlt Berkeley was not
faced with a serious public emergency which the court deemed
a constitutional prerequisite to the imposition of refit controls
.under the police power.
2. The requirement of a certificate of eviction was in- ;
valid in that it conflicted with state law prescribing 'procedures
for evicting tenants.
The Supreme Court affirmed -the judgment but on slightly :
differ it grounds:
The court held that the existence of an emergency is
no more necessary for rent control than for other forms of
• economic regulation. Rerit control and economic regulations are ;
cons titntionally valid when reasonably ,related to the furtherance
of a legitimate governmental purpose. In IIerkeley's case, the
Court found that the facts established at trial did not prdclude
_ legislation with respect to residential rent control.
2. The amendment was't`:nconstitutioral because it with-
held powers from the Rent Control -Board by which it could adjust'
maximum rents without unreasonable delays, and instead required
the -Board to follow an.adjustment procedure which would make ;
such delays inevitable.
3. The court agreed that the certificate requirement inval-.
idly conflicted with state statutory summary procedures for the
termination of tenancies.
i
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REPORT TO THE HONORABLE MAYOR AND CITY, COUNCIL Page 3
Rent Control 9/12/78
The control of all residential rentals within a city may
be distinguishable in some instances from the review of increases
.in rents in mobile home parks which is proposed by the Mobile
f
Home Alliance Association. Nevertheless, the California Supreme,
Court's analysis of the parameters of constitutional exercise of
• the the police powers for purposes of rent control is instructive
in the present inquiry. In.the unanimous view of the court, the
h existence of a "serious emergency" was not a constitutional pre-
requisite to the exercise of the police power. Initially, the
court ekamined the nature and conditions under which the police
power may.' be exercised by a charter city. T•ie•will briefly
review that discussion.. Under the California Constitution, a
eity's police power can be applied only within its own territory
-and is subject to displacement by general state law in some
` instances, but otherwise is as broad as the police power exercis-
able by the state legislature itself.
Rent control is not'a municipal affair as to which a charter
provision or local ordinance would prevail over general state law
under Article XI, Section 5 of the•California Constitution.
Accordingly, local regulations of rental units, by charter or
}
ordinance, cannot be given effect to the extent that they con-
flict with general laws either directly or by entering a field
which general laws -are intended to occupy to the exclusion of
municipal regulation.
Ll
REPORT TO TILE HONORABLE MAYOR AND CITY COUNCIL Page
Rent Control
• The setting of a maximum rent by a municipal rent control
board under specified standards is not in conflict with general
state law. California has no state rent control statute. None
• of the extensive legislation governing many aspects of the land-
lord -tenant relationship evidences any intent to exclude�munici-
• pal regulation of the amount of rent based on local conditions.
1•
Nor does the home rule charter provision of California's Constitu-
tion impose any limitation on the regulation of private civil
• relationships such as is the case in other states. Y
The court also found that the argument that the initiative
might significantly impair the tar, bass of the municipality was
too speculative a consequence to constitute a prohibited inter-
- ference by the initiative power with the function of a legis-
lative body. The court then proceeded with -an analysis of the
initiative power of the people which is not directly relevant
to our discussion here. The dc.:nfall of the_Berkeley charter
amendment came when the cou yt analyzed the conflict between the fl
charter amendment's eviction provisions and general laws of the
state of California. It is in this area that we must pay close i
attention to the court's reasoning, in order to avoid similar
shortcomings in any ordinance regarding rent control which the h
City of San Jose may choose to enact.
The charter amendment imposed tvo }ands of restraint upon'
. t
eviction proceedings:
i'
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REPORT TO TILE IIONORA13LE MAYOR AND CITY COUNCIL Page 5
Pent Control 9/12/78
1. It limited the grounds upon which a landlord might
bring an action to repossess a rent controlled unit; and
2. 'It required that a landlord obtain a certificate of
eviction from the Rent Control Board before seeking such repos-•
session.
With respect to the limitation of the grounds for:eviction,
elimination of .termination of tenancies as an independent ground ;
for eviction could be upheld as a reasonable means of enforcing
rent Ceilings by "preventing landlords from putting out tenants
because of their unwillingness to pay illegal amounts of rent
or their opposition to applications fot increases in rent ceilings."
[Citations omitted,) 17 Cal.3d 129 at 146
Although California Code of Civil Procedure, Section 1161
provides that the continuation of a tenant's possession after
expiration .of the term is a, form of unlac,;fu•1 detainer, the,
court held that these statutory provisions would not necessarily
be in conflict with the charter amendment's provision forbiding
landlords to recover possession upon expiration of a tenancy
if the purpose of the statutes is sufficiently distinct from
that of the charter amendment. The charter amendment's
elimi-nation of particular grounds for eviction is a limitation upon
the landlord's property rights under the police power, giving
rite to .a substantive ground of defense in unlawful detainer
proceedings. The more fact that a city's exercise of the
police power creates such a defense does not bring it into -
conflict with the state's statutory scheme. i
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REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL Page G
Rent Control. 9/12/78
With respect to the charter. amendment's provisions that
a landlord must seek and obtain a "certificate of eviction"
prior to seeking repossession of a rent controlled unit, the
court found that the procedural requirement of a certificate
of eviction would preclude the landlord from showing independent
grounds for eviction or by meeting the defense of a failure to
obtain a certificate by showing that he could have qualified
for the certificate had he applied for At. The summary re-
possession procedure provided by California's Code of civil:
Procedure is intended to be a relatively, simple and speedy
remedy that obviates any need for self=help by landlords. To
require landlords to fulfill, the elaborate prerequisites for
the issuance of a certificate of eviction by the Rent Control
Board under the Berkeley charter before they commenced the
statutory proceeding would nullify the intended summary nature
of the remedy. The court concluded:
. . . that the present. -charter amendment's require-
ments that landlords obtain certificates of eviction
before seeking repossession of rent controlled units'
cannot stand in the face of state statutes that fully
occupy the field of landlord's possessory remedies'.
Insofar as the charter amendments simply prohibits
eviction of tenants who are in good standing except
for the expiration of their tenancies, it is a
ru sonable means of assuring compliance with maximum
rent limits and does not conflict with statutory re-
possession proceedings even though making available
a substantive defense to eviction. 17 Cal.3d 129 at 152.
The court did caution that there were unresolved issues
concerning the preemption question in a footnote:
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REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL Page 7
Rent Control 9/12/78
Pie do not reach the question•of whether the defendant
city could have imposed the prerequisites for' a
certificate of eviction as direct substantive con-
ditions upon the right to eviction. . . .
17 Cal.3d 129 at 151 (Note 22)
The court also found that the Berkeley charter amendment
unconstitutionally burdened the landlords in the regulation
of maximum residential rents.
In its discussion of this issue, the court recited its
reasoning in concluding that an emergency was no longer pre-
requisite to the exercise of the police power in lent regulation.
The court concluded:
It is now settled California lava that legislation•
regulating prices or otherwise restricting con-
tractual:or property rights is within the police
power if its operative provisions are reasonably
related to the accomplishment of a legitimate
government purpose. . . . [Citations omitted.]
17 Cal.3d 129 at 158 ,
The court did, however, raise an issue with respect to
'the exerc.i.se of the police power as follows:
Nowever, the constitutionality of residential rent
controls under the police power'depends upon the
actual existence of a housing shortage and its con•-
comitant ill effects of sufficient seriousness to
make rent control a rational curative measure.
Although the existence of 'constitutional facts'
upon which the validity of an enactment depends
[citations omitted] is presumed in the absence of -
any showing to the contrary [citations omitted], E
their nonexistence can properly be established by
proof. [Citations omitted.] 17 Cal.M 129 at 1G0
In examining the trial court's findings, the Supreme
Court concluded on the record that sufficient basis for the
exercise of Berkeley's police poi•.er existed. The.court said
Md
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REPORT TO THE HONORABLE WAYOR AND CI'' COUNCIL Page 8
Rent Control 9/12/78
that it could not overturn the charter awendment unless the
findings of the trial court established.a complete -absence
'of even "a debatable 'rational basis for the' legislative
determination by the Berkeley electorate that rent control is
a reasonable means of counteracting harms and dangers to the
public health and welfare eminating from a housing shortage."
•17 Ca1.3d 129 at 161.
in its final discussion, the Caiiforni.a Supreme Court
considered the constitutionality of the means provided by the
amendment for fixing and adjusting maximum rents. Although
these means -are within the police power if they are reasonably
.related to the legislative purpose, they are unconstitutional '
if they are "arbitrary,. discriminatory, or demonstrably irrel-
evant to the policy the legislature is free to adopt,, and hence
-an unnecessary and unwarranted interference with individual•
liberty." [Citations omitted.] [17 Cal.3d 129 at 165] By its
terms, the charter amendment"dealared'that its rent control pro-
visions were intended to counteract the ill effects of "rapidly
risinq and exhorbitant rents exploiting the housing shortage."
The provisions of the charter amendment would be within the
police power if they were reasonably calculated to -eliminate
excessive rents and at the same time provide landlords with a
just and reasonable return on their property. The court said:
floOever, if it i�- apparent from the face of the
provisions that their effect will necessarily be
to lower rents more than could rasonably be
P
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REPORT TO THE iImoRABLE MAYOR AND CITY COUNCIL page 9
9/12/78
Rent Control
considered to be required for the measure's ,
stated purpose, they are unconstitutionally
confiscatory. 17 Cal.3d 129 at 165 [Citations
omitted.] '
The court stated the. general rule that while in some cases
it is necessary to allow a measure to become operative before
it can be determined whether it is being administered.constitu-
tionally, a regulation may nevertheless be invalid on its face
when its terms will not permit those -who administer it to avoid
confiscatory results in its• application to the complaining
parties. The court found nothing wrong with the amendment's
setting of a base rent. Nor was the delegation of the. adrainis-,
trative aspects to a Rent Control Board impermissible. The ;
coai�t found that the standard to 'be applied by the administrative
agency was sufficient to withstand constitutional inquiry.
Although the standard'was sufficient, the court stated that
there were additional requirements namely that legislative.guidance
by way of policy,and'priinary standards is.not enough if the legis-
•lature "fails to establish an effective mechanism to assure the
of its policy decisions." 17 Cal.3d at 169.
proper implementation
The court stated the rule as follows:
The reed is usually not for standards but for safe-
guards. . . . When statutes delegate power with in-
adequate protection against unfairness or favoritism,
and when such protection can easily be provided, the
revi_67, ncT courts may wc71 eith
er insist upon such
the legislation. [Citations
protection or invalidate
omitted.)
M1
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REPORT TO WE 1I0:IOi:F1iiLE ri1LY0P. AND CITY COIINCII Page 209/12/78
Rent Control,
}
Here the charter amendment drastically and unnec-
essarily restricts the Rent Control Board's poorer
to adjust rents, thereby making inevitaable the
w rent
arbitrary imposition of unreasonably
ceilings. It is clear that if the base rent for
as the
all controlled units were
tmanaximum ceilin s rent
for an indefinite p Y ozremain most rent
would beiode For such rent ceil-
€inite durationme tany•adjustment mechanism
ings of essary to provide for changes
is constitutionally nec
e cionedstances and situations inswhichvide the•basetrentrcannotlY
mentioned general market con -
reasonably be deemed to reflect
ditions. The mechanism is sufficitovidingthe
adjustments
.purpose only if it is capable of p greater inci-:
in maximum rents without thanintially
snecessary.
deuce in degree of delayhan
17 Cal.3d 129 at 169.
The court found that the procedures provided by the charter
d to follow an adjustment
amendment actually required the Boar ,
procedure which would make unreasonable delays in the adjustment
of maximum rents inevitable. The only mechanism provided by the
justment of maximum rents was an applica
charter amendment for ad -
y usted only after a,
tion by a landlord, and rents could be adj
The court found that
,public hearing on each individual case.
the f
this was unreasonable in light of act that Berkeley had
,
some 30,000 rental units Of which 22,000 would be subject to
re
control under the charter amendment. The court also noted
r
116,000, approximately 73,000
that of Berkeley's population of
- rocedures to be
or more were tenants. In reviewing the exact p
followed by the Rent Control Board under the charter amendment, -
the court found that:
L
REPORT TO THE 110%,0MBLE JJAYOIt AND CITY COUNCIL
Rent Control
Page 11
9/12/78
These provisions put the Board in a -procedural
straight jacket. it cannot order general rental
adjustments for all or any class of rental units
based on generally applicable factors such as
property taxes. It cannot terminate controls
over any housing. It cannot consider a landlord's
petition that is not accompanied by a current
building inspection certificate of code compliance.
It cannot dispense with a full-blown hearing on
each adjustment petition even though all fion-
petitioning parties are given ample notice and
none .requests to be heard. it cannot accept
petitions pertaining to more than -one unit or
consolidate petitions pertaining*to individual
units for hearing even in the absence of objection
-except when the majority of the tenants in a
-building give written consent to consolidation
of the petitions relating to that building. It
cannot delegate the holding of hearings to a hear-
ing officer or a member of the board. in short,
it is denied the means of reducing its job to
manageable proportions through the formulation
and application of general rules, the appropriate
delegation of responsibility, and the focusing of
the adjudicative process upon issues which cannot
fairly be -resolved in any ether way. 17 Cal.3d
at 171. [Footnotes omitted.)
- The court found that the delays imposed were product of
the charter language itself, and not mere -speculation on how
.the charter amendment would„fie administered. In conclusion,
the court stated that the invalid provisions were not severable
from the constitutional provisions.
We turn now to the Mobile Hor:1e Rent Review Commission
proposal. This proposed ordinance is a modest•proposal in the
area of rent control as it relaEes solely to mobile home parks
and only to review of proposed increases in space rents.
Many of the legal issues raised by this proposal cannot
be definatively answered until such time as a court reviews
the constitutionality thereof in the event the City should
t
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REPORT TO THE HONORABLE hfAYOR AND CITY COUNCIL Page 13
Rent Control
choose to enact the ordinance, and it is litigated.
Nevertheless, some issues can be raised at the present
time and resolved, and some measures can be taken to insulate
the ordinance from -attack.
Generally, there seems to be little question that such'an
ordinance would be well within the bounds of economic'regulation
upheld by the BiAenfeld decision discussed above. It should be
-borne in mind that the ordinance does not do nor is it designed
to do several things:
1. it does not freeze rentals for mobile home park
spaces;
2.. It does not roll mobil: home park space rents back
to any particular date;
3. It does,not address the Jarvis -Gann property tax savings
realized by owners of mobile home parks nor provide that any
portion or all of such property tax savings must be rebated to
tenants-,
A. It does not limit or regulate the circumstances or
grounds upon which a park -owner may terminate tenancies or commence
legal proceedings for repossession of such spaces.
Such issues do not so much affect the legality of the
ordinance as raise policy questions as to whether the Council ,
desires to address such issues in -the ordinance.
What •the ordinance does do is make certain findings about
a shortage of space for the location of mobile homes, a low
0
REPORT TO THE HONORABLE MAYOR AFD CITY *COUVCIL Page 13
Rent Control 9/12/78
'vacancy rate among such spaces, and a public concern for the
rapid increase in rents for such spaces. The ordinance also
.recites several factors which distinguish the mobile home space
from other rental units.
The ordinance recites that the City Council finds and declares
it rkdcessary to protect the owners and occupiers of mobile homes
from unreasonable rent increases while at the same time recognizing
the need of park owners to receive a "fair return" on their invest-
ment. The ordinance sets up a city commission which is empowered'
to review proposed rent increases in mobile home parks within the
City of San Jose containing 25 or pore spaces. The commission's
makeup is provided, and the terms of the members set. The com-
missi t is empowered to, meet as requested by the City Manager or
upon the filing of a petition.for rent review and to utilize city
offices and/or facilities as needed. The -commission is empowered
to receive, investigate, hold hearings on and.pass upon the
petitions of mobile home tenants as set forth in the ordinance. •,
The commission may also make or conduct independent hearings or ,
investigations as they deem appropriate to obtain information
necessary to carry out their duties. They may adjust maximum
rents and they are required to render annual reports to the "San
Jose Housing Authority" which will have to be changed to the San
Jose City Council, since the city no longer operates a housing
authority. The Board is also empowered to adopt and change
administrative regulations and to maintain and keen records at.
City Hall.
14
REPORT TO THE 110110RRBLE T•IAYOR AND CITY COUNCIII 9/g12/78 �
Rent Control
The Board's jurisdiction is invoked by a petition of 25%
'of the tenants of a mobile home park who will be or have been
ate of submission of•such pei.tion subject
within 90 days of the dr ;
to a space rent increase. Upon the filing of such petition the
commission must hold a hearing no sooner than ten days nor more
than 30 days later at a place and time to be set by
the commis-
mine whether or not•the space rent increase
sion in order to deter
•• nsideration of evidence in light of the
is justified after a co
criteria established in the ordinance. There are provisions for
notice to all interested parties and meetings of the commission
,are open to the public. Certain mechanics are provided for the
hearing and pursuant to the findings at a hearing, the commission
shall require the mobile home park owner to reduce the space rent '
the commission which rate shall not
to a rate to be determined by .
r
" -be less than the rate charged prior to the increase which is the
i ace rent at the in -
subject of the petition, or conIt
tinue;the space
creased rate requested by' mobile hosne park owner.
y
Unlike the Vacaville -ordinance-, upon which the proposal is
patterned, the con;raiissiois not empowered to graft an increase
beyond the increase requested by the owner or manager of the
mobile home park.. Any increase later acterriined by .the commission
to have been excessive must be either returned to the tenants or
credited to future rental charges. The standards by which the
Hoard is,to review rent increases are as follc%ts.
1
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REPORT TO THE IIONORABLE MAYOR AND CITY• COUNCIL Page 15
Rent Control 9/12/78
1. Increased costs to the owner attributable to increases
in utility rates and property taxes, insurance, advertising, and ;
governmental assessments;
2._ Cost of living increases attributable to 'incidental
services, normal repair and 'maintenance;
3. Capital improvements for upgrading and addition of
amentities or services, and
.4. A fair rate of return on investment.
:he determination of the commission is final; there is -o
appeal to the City Council; and all parties are entitled to
judicial review by a court of competent jurisdiction. }
Although some of the provisions may require clarification '
4
before final adoption, we believe that overall the ordinance
can withstand attack in'the courts.
Nevertiieless, prior to enacting z:�.ich an ordinance, or
directing the City Attorneys office to prepare a final draft
of such ordinance, we believe the Council should consider other
rent control proposals which are currently scheduled for the
Committee -of -the -Whole meeting on September 21, 1978. Toe
factors which we reviewed in the Birhenfeld decision herein- j
above will be applicable to any form of rent control which the
Council may consir?er.
RECOMMENDAV ON:
The City Croncil should direct the Administration to gather
any existitg documentation of housing shortages in the City of
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REPORT TO THE HONORABLE 1% AYOR AND CITY COUNCIL Page 16
,Rent Control 9/12/78
• San Jose both with respect to mobile homtr parks and any other
rental units in the city, as well as any existing evidence or
reports relating to rapid or exhorbitant rent increases.
Although the Supreme Court did not require the existence.of an
emergency, it did state that the assumption of facts upon which
to enact rent control were subject to proof and the nonexistence
of such factors could defeat a'rent control ordinance.
The Council should also consider directing the City Attorneys
off ice .to continue with an analysis of the proposal of Citizens
for 'Rent Relief for the September 21 Committee -of -the -Whole
meeting. At that time,•with policy direction from the Council, r
: the Attorney's office would be in a position to draft one or
more ordinances,designed to effectuate:the consensus of the
Council. VA-1
' b(Respectfully submitted,
ROBERT J. LOGAN
City Attorney
BY �' '%tt'�C _L.!1!%rv,_..G-�_. --
zi
MIONY
�� (yD Deputy I-t01
V -ri BPI . 9rney
i y
RJL : ACB :1m
r'
9
LAZOF AND SW,ANSON EX11IBIT
NONALO C LA2or ATTOHNGYQ: AT LAW CAnLC AnOnCSSC
C OnrNT 5wnN••Oh 1•ut•r. �flrNnl 1111.1.1�Rn nTIM . OT ANOLAYI
0 L RA1.0 O WILSON
THOMAS A ORCCO H373 CAST FOURTH ylnt:t•T. T.Ullt 120
TCnn•• n t1OWnALL SANTA ANA. CALIfORNIA 92701
011CC.0.1Y M. nCCN 1
ROt1C RI
S COLORCN TCLCt'HONC 17141 073•1700
bARY H. R055
RONALO W ROSC ,
February 26, 1980
City Council
City of Oceanside
321 14. llevada'
Oceanside, California 92054
Reference: Mobilellume Park Rent Control
Honorable Mayor and Members of the City Council-
I represent an association of mobilehome park owners in the
City of,Uceansi.de, and I am writing to you on their behalf. The -
purpose of this, letter is to provide on behalf of my client certain
basic information which is pertinent to the subject of mobilehome
park rent control.
Tile ba nic legal considerations which a governmental. entity t
must 'be aware of when it is considering rent control are a:: set
forth in the following paragraphs.
Tne only California' case in modern hi*tory which is applicable
to the•subject of rent control' is that of Uirheiifeld v. City of
Berkey (1976) 17 C.3d 129. This case deals with a rent control
orclinan'ce massed by the City of Berkeley. In_ this case, ,the California
Supreme Court set forth th'e basic factual require:nenLs wl►ic;h h:hust bt
met in order for a. rent control ordinance to be constitutiona-liy valid.
These basil: factual requirements are:
1. A housing shortage must actually exist. It is also
clear from the Birkenfeld case that this shortage
must exist not only in mobilehome parks, but in
all forms of residential housing. '
2. The existenbe of such a housing shortage has resulted
in landlords taking ativantage of •the shortage.
3. The advantage which the landlords are taking of the ,
said shortage is the charging of exorbitant rents.
4. The charging of these exorbitant rents has resulted
in there beincj a very substantial, detrimental econ-
o1nic i0plct uhon the residents who are subjected to
the exorbitant charges.
c i l r Council ul ocr"uis ul<•
rcoru'u,y 26', 1900
pakja Two
!n othei words, it must be Lounci that all Lour (4) of these
culls tituLiunally reciuirLd facts coexist at the bole the ldw is passed.
It -this is not done and any one (A -these Lour (11) fact:; does not: exist,
then the stdtutc is culls titutionallyy Void.
i;urtiler, assuming that all -four (4) of these basic constitution-
ally .required facts call be found to coexist, then the Birkenfeld case
requires that any rent coitrol law passea as a result thereof riust
also s�rovide a mechanism w}iereby the landlord will receive a "lust
and reasonably return on Iris property". • In other words, the l:du rya
• not be'written or administered so that it prevents a landlord from �•
obtaining rents which reasonably relate to the present ecoriotnid: value
of his property. It is also clear that valuation of the property
on -the basis of property ta;: values established by the County would
be -unconstitutional as being too low. The setting of rates of return
on -the basis of Public Utility rates would also be similarly deficient.
The reason that are actual shortage must exist in all forms of
housing, not just mobilehome parks, is that mobilehome coaches are not
normally waoved from one park to another. leather, nobilehome coaches
within Oceanside are now and have been for some extended period of
time appreciating at a very substantial rate. This appreciation has
resulted because of the fct that these coaches are located in mobile-
,tioute parks which are highly desirable places to live. Therefore, '
mobil'ehone park residents have enjoyed and economically benefitted
frora the increased value of the land, and may sell their coaches at
a substantial profit.
hccordingly, it does not matter whether there is a space for a
resident to move his coach to as he would obviously sell his coach
in'place and purchase a new or used coach in another part: or take up
another form of housing. Therefore, as long as mobilchone Marl; resi-
c]ents have the alternative of Selling their coaches for a price which
ecr{uals or exceeds their investment and Lindinq other 1.oLltls of altern
ativc housing, the evistence or nonexistence of a shortage of iaouile-
come spaces is iaeaninyless. Ctnsecluently, one of the basic tactual
•require%icnts of birl.enfeld caniJoL• ue Met wider today's imobtlehoae
dark ruzrket conditions iri uceanside.
It must also be realized that a relit contrul law will not with-
stand scrut•inv if it 1s based upon facts which exit within a minority
of 1;1751lehorce earl:, within Ucean:;ide. In other words,. the LacL'uul
red uircuients mcdnddLcd by Itirl;cnLeld must be tound to exist in sub— ,
stant•ially ali oL the rwhiichomuparks %lithin Oceanside and its
surround"iing areas. The reason for this i•' that the Calltornia supreme
Court has ruled that government must exercise it:: police power in a
reasonable fashion. This is because rent controls are an extraordin-
ary Lurui of govcrnmentaL interference in the economic affairs of
people and may only be legislated if there is such a pervasive situa- ,
0
C i Ly Cuun4A L oL uce.ur:: idV
rel,•ruavy l(i, 1980
Page T111:ec
tiuli as to warrant this extraordinary action. Stated another way,
rent controls are undesirable and must be avoided b rgovernment unless
the marl:et j)lace has all:lost totally Latled to Lunctton I.ro()erly. n:.
such, even it 1L could Uc clearly dAl�onStratc�! that one or two I)arxs
within Oceanside were ur.l�citiyated "rem gouyers" a tent control
statute would_sttll not be constitutionally defensible.
Further, facts must be found to substantiate that rents which ,
are actually being charged are "exorbitant". The terra "exorbitant"
is, in, fact, the terminolocly used ill Birkenfeld and other ,rent con -
is, that rents must
trol cases. The use of this term cle
rents be obscenely high when. compared to economic
-dayvalsecofUthe mobile-
sonable relationship to the actual,
park. Based upon the preliminary data presently available, it
appears tnat it would be ilapossible to develop facts to demonstrate
that mobilehome part: rents within Oceanside are "exorbitant",
ith an
It must also he realizes] that tile
L� le w l case were ondlt thewlowest '
ordinance which was designed to assis •
In short, the facts•in
possible economic rune of society's population pr,)tested by the rent con-
Birkenf•eld 'demonstrated that the
trol statute was composed of minorities., and ,otl)r�)eL�rentssUelinywere
so -financially destitute as to be unable to Cay
charged by landlords within the City of Berheley. It is'also import-
ant to re••lize th�lttebec£actiicnot�lay-opinions, guesselity of renters in seor�coalplaints
case was substantiatedY
that "I can't af`L•ord tl)e I.igher rent" It must be evident to ever?
the must cursory observer that a mobilehome coach is a.very substan-
tial economic asset which typically ranges in value from $20,000 to
substantial
As)rotit whichearlier,
canthis
usedasset
tocan
seekeout'alternative forms
ield a very• subsL•ar)ttal L
of housing.
It is also important tci realize that rents in mobilehome par):s
in areas outside ofOceanside are substantially lower; therefore,
residents truly continue to live within• a nobileholae park in �otherl)areas
oL• California where the cost of living is substantially le�.s.
point relates to one which will be made later in this letter where
it is demonstrated that no resident has the riyht to live within a
j)ark locc.ted within Oceanside.
Unclosed you will f ind copies of various memorancTa from the City
tiler Attorney and oindicatefthat�tilesC:ityOf tuf uxnardile City frccocnizccll` F*CIj• wool
randa clearly _ - _
ac�Ll,crimt oL' tub nucus:�ar�Lactu;.l �iat:i mancla4ed by Bi):ken,:eld would
take _in e::ten��ive TorNi, c)L �ll�sebs
an°mura»iacalso` ii���ses l�—the llegal
expenditure of (;>�l:uncis. ` 1 '- —
reyuirel:lents; 01. tho EM1 :cn_f:cld case. PtO:;' lU1�OL't2lntl , these. meillo- '
rands deal with ::evcrill 01 C1 .racticai consideration:: related Lo
ell
City Cuuncil oL Oceam;idC
Fchr,tlary 'Lb, 1980
page 11011l'
. rent euntrul and clearly indicates that such a law may not meet the
objectives ut Inubl-WirOrlle Karl: _residents.
I aia'also personally familiar with the situations which existed
in the County of Napa and the City of Palm Springs relative to mobile-
horse park rent control. In Wth instances extensive studies were con—
ducted in order to establish the necessary factual requirements. The
Napa County study clearly demonstated that the necessary' facts dic3
not exist and legislation was, therefore, not enacted.`
L•'xamples of problems associated with a governmental entity estab-"t;"
lishing these constitutionally required facts are as follows:
It roust be factually demonstrated that residents cannot afford
to pay the rent; therefore, factual data relating to � nc(. e levels,
savings and other_ economic assets of mobilehome Nur.it residents crust
De develo eu This data must be ob3ective and supL>ortable, not just
simply a "questionnaire" passed around to residents which provides no
means of checking the truthfulness of the answers thereon.
Another problem will be in establishing criteria which will per" i
mit the property owner to obtain a•"just and reasonable return on'his
property".
Botil 'of the_ above factors, thA tenants' ability to )ay and the
reasonable return oil propertywill continue to have to ne evaluated
every time a rent increase is proposed and sub)ectOd to the statute.
This results because all of ti>,ese factors will constant:�y shiAt ana
change, and the ordinance must, ifitis to be constitutionally valid,
accommodate and recognize present day economic facts. In short, if
the ordinance is to be fairly and constitutionally administered,- it
must deal with present—day facts, not just the facts which were i.il
existence on the date the stattite was passed.
Vacancy factors and rental rate information, including rent 1115•=
s tories to demonstrate if rents have been rising too rapidly, will
also have to be developed for all, torrns of rental housing in Oceanside,
nut just mobilehome parks.
it is also evidailt that carder the "just• ant! reasuliab.le return
on lrtoi)crty" rents lnust be er rnitt.ed to r xJc as the Leal Nro rcr t
aLEveciates.
It should also be evident that the various financial institutions
which t•inance resident:;' purchase of mobilehome coaches within pants
in 'Oceanside would rot lend money to these residents if rents were
excessive within there mobilchome gijrhs. This cunclusion results
1)CCtlll: e a billllt mush take into coilsidurittion In evilluatinq d residelrt's
loan application the resident's ability -to pay •buth the rent alld the'
C
a
city Council of Oceanside
Pebruar,y lb, 1980
Page Give
monthly coach payment. Accordingly, it seems reasonable to conclude
that conservative financial institutions are satisfied with the
financial ability of recent residents within Oceanside mobilehome
parks. It is also evident that this willingness of banks to finance
the purchase of coaches is a strong indication.that rents in Oceanside.
parks are not unreasonable. As noted earlier, the price of mobilehome
coaches within Oceanside have been rising at a very rapid rate in
recent years. Accordingly', if a rent control law is to accomplish
its basic obpecttve — i.e., the. control of the cost of housing — then
the resale price of mobilehome coaches must also be controlled thereby.
If this is not done, then the underlying ob*ective of the ordinance
and the'Cirhenfeld case will not be met.
In other words, the Birkenfeld Court heLd that a governmental
entity could only exercise its police power if it were for the purpose
of protecting reciter, from exdessive housing costs. Therefore, if
the resale price of coaches is•not controlled, then the excessively ;
low rents which result frog: rent_ control gill attract prospective
purchasers of mobilehome coaches to these coaches. This in turn
will have the normal economic effect of inc, casing demand for these
coaches. 'Therefore, within a very short .period of time this price
inflation will compensate for the arbitrarily low rents; therefore,
purchasers of used coaches in Oceanside parrs will pay a total
price for the coach and space rent which will equal the Sum charged
by a'park of comparable quality which has higher rents. in other
words, a rent control law which does not control the resale price of
coaches would unconstitutionally deprive the marl: owner of reasonable
rents, and at the saine•time inflate the price of tenants' coach , to
a"point where they will receiv-e a windfall. It is obvious that Lite
residents will, however, object to any control over their ability to
sell their coach at a profit, even though this profit is aJ:riost solely
attributable to increases in the value of the park owner's land.
This last fact may be demonstrated by checking with any mobilehome
coach broker or the California Department of Motor Vehicles who will
inform you that a coach which is not located within a mobilehome
park is a rapidly depreciating asset.
' It is also essential that recognition be given to the fact that,
under the "just and reasonable•return" concept of Birkenf'eld, rents
must be permitted to rise under a rent control ordinance to a level
commensurate with tile- present economic value of the property. There—
fore, U,.c 5fatute may not k)rovide that a park owner receive a return
on tlio investment originally wade by him a number of• year: ago )l us
_,
caZ�ital improvements. This, however, -s precisely what iaobtlehowe
pack residents expect that an ordinance will accomplish for then.
In other words, residents consistently t,ze the position that the
par], owner is only entitled to a return on his original investment
plus any capital expenditures made since the date he purchased the
park. This concept of 11run,onable return" is not constitutionally ,
City council oL Oc:c,cn;:icic
February 26, 19BO
1>age Six
. supportable; Evcn assu►kling such a provision could be constitutionally
valid, it could and would be readily circumvented by the park owner
simply selling the park to a new owner who would then be able to use'
ill's substantially higher: purchase price to justify the charging of
higher rents. 'Pais point, in combination with,the simple fact that
parks will be converted to alternative and more economically and ben—
eficial uses if rent control arbitrarily limits economic return,
compels the conclusion that rent control is simply not workable.
Even assuming that all of these hurdles are overcome,, there are
additional legal and practical considerations associated with'the
administration of a rent control ordinance. For example, if the pro—
posed ordinance were adopted, then the appointed Commission would be
given the function of p.essing upon the propriety of a rent increase.
It, is significant to note that under the proposed ordinance this
COMM1SSiOn is not an "advr.sor�" in nature, rather .it •possess the
power to lower rents. llisobed.ience oL theColimi5siun'I decision is
typically maae a misdemeanor punishable by up to SIX tu) months in
fail and up_ to *500.00 in Lines.
In a liew Jersey Supreme Court case decided in October of 1978
the court puinted out ti iat a Rent -Control Commission could not be
constitutionally permissible unless the Commission was supported .try
aproiessiynal stair which was adequate to do the necessary wol,k to
help -the Commission reach an informed decision. In sum, the New
Jersey Supreme Court recognized that the lay Commission Members were
too inexperienced and had too little time to intelligently and effic—
iently handle the immense amount of -work w1jich of necessity goes
with the consideration of the -myriad economic facts associated with
the validity or invalidity of a rent increase. This decision was
based upon the administrative due process requirements set forth in
the Isirkenfeld case. Accordingly, it must be recognized that any rent
control statute will involve a substantial amountof• adm>nislrative�
expense, time and ei•forL. In sum, the governmental entity must be
agreeable to spend thousands upon thousands of dollars each Year in
setting up and Inain aininc� the runt control mechanisla necessary
to meet the mini.mula constitutional standards. States{ another way,
a rent control statute cannot simply be rased and then a Commission
-
a and forclottc:nitather, the passage of the statute will
not only result in protracted arlci expensive liticiation, but'will
also involve a continual day to day, tremendously expersive achnini
trative effort. This fact is demonstraLed•by the recent experience
of Santa Monica and Los Angeles'who have been required to extend
suuStantial amounts oL the tam» ey rs monev adtnini;�LetirnJ tenL control.
ordinances. It is alit/ nC1 citis ter Lo !say, as, tile i.lydin,ance >L'U)O:>e._
that_ these ac►mIIII,;Lrative cost;; will be Lunded Hchart inn a l;ee Lo
tile' rc�biJ,c:houu: {rlr}l>ar}; owners.'1'hi:, results because this; l.ce �i�,l L
sim ply be on to the residents in the L•orm uL' 11i.cliicr •rents.
Ender consL•itutional SUlndards, file City would also be preclucicd ,
M
0
City Council of Oceanside
Fet,ruary 26, 1980
Page Seven
from refusing to allow this fee to be passed on in this manner.
Thel:eLore, the mobilehome residents of Oceanside will be requiredto
pay hundreds of thousands of dollars each year in aci(ixtional rent to
administer their own rent control program. The only other alternative
is to fund these requirements trom the other revenues of the City, a
fact which will cause some substantial degree of unhappiness among
the general voting population of Oceanside.
For example, it must be recognized that mobilehome parks are
very sophisticated, complex business operations. `lhe.ren.. setting
process within a mobilehome parx is also ey.tremeiy complex. This
is particularly true as each park varies in duality, the nature of
services and amenities offered, desirability of geographic location
and dozens of other factors which all affect the amount of rent
charged. Pates for different spaces within the same mobilehome park
also vary and this differential in rates is attri))utable to factors
such as size and desirability -of location of tlee space within the
park. In su►a, a Bent Control .Commission will have to take into'
account a tremendous range of complicated facts which are individu-
ally related to the particular mobilehome park. This, in turn, means'
that a great deal of time and effort will have to be spent in evalu-
ating the individual economic facts relating to each and every mobile -
home park within Oceanside.
Some of the Comuaissioners who will undertake this monumental' task
will, in all likelihood, -be selected from the community as a whole.
As a practical matter, one must ask oneself who will want this extremely
com ley, brie consuming and thankless fob? 'atho will want to be named
as a Defendant in every -laws uit brought by the residents or the park
owners who are unhalppy with the Commission is decision? Who will
want to subject themselves -to the publLc charges that ticey favor one
side or another in votinq for or against a particular runt* increase?
Who wi]1 want to be uombarded with phone: calls and letters from
mobilehome park tenants attempting co persuade the Commission of Ule
validity ot: their pasition•? Who will want to spend the hours it will
take Lo cur_efully evaluate rent increases in the several thousand
mobilehome-earl: spaces in Oceanside. Mho will want: to undertake
such a 101) when there is no budget available to pay for the profes-
si.onal staif which will be necessarYto do the work to properly
w�
Support the corunisswn? •
The simple fact -is that the evaluation ol, a rent increase in
a mobilehoric park, will be very closely analoelous to the_ oftort which
will be involved in a highly sophi Heated and bitterly contested
property tax appeal. in addition, there will lx: several hundred ,
angry mobilehome park residents who will be demanding that the appeal
be decided in their favor. 'In the middle of this turmoil will be the
City Council who will be looked to by all parties to oversee continually
the efforts of' tale pent -Control Commission. As rents are normally
City (:out c:il ol. ueucotisidc:
t•'ebruary 26, 1980
pdye i;igl+t'
raised annually, this process %,rill be repeated each year for all of
the•mobilehorne parks in Oceanside.
Further., when one actually listens to and analyzes what the
mobilehume pdrl, residents arc actually reciuesting, it is .� axrent
that what they really want is an ordinance which will result in no
inure rent increases. The proposed ordinance lands itself to the
residents having a tool which will help them attain this goal. This
is because the proposed ordinance pernits residents to challenge, -
any rent increase, no matter how small, by simply •gettibg 51`c of the
park residents to sign a petition. This means that a park oenner can
be recuit to defend a rent increase which is very small and obviousl-q�
justified by cost of livinc7 increases or other increases in costs..
in sum, the power given to residents under the proposed ordinance is
tremendously broad and lends itself to dbuses. it must also be
kept in mind that under the proposed ordinance residents are not
required to substantiate their allegations; therefore, the whole
burden is placed upon .the park owner to substantiate his rent increases.
This fact together with the fact that mobilehome parks are complex
business operations indicates that the part: owner will be required
to spend large Guns upon attorneys, accountants, real estate appraisers
and other parties to help him prepare and present his justifications
to the Rent Control Commission.
Because many residents are not sophisticated or experienced
eriouylr to understand the *cocnplex a:counting and real property finance
concepts which must -be considered in properly evaluating rents, they
will in most instance not understand_ the basis for the Rent Control
Commission's' decision in favor of a part: owner. mcord'ingly, the
• obvious dissatisfaction with its attendant political problems will
result.
In addition to the iiirl:enfeld coils icierations, there are other
legal issues relating to the passage of a•rent control statute.
These additional considerations are discussed briefly in the follow—
ing paragraph.
In sum, it is evident fro+a Civil Code 5798 through 799.6 that
the State Legislature has intended to fully occupy and preempt local
legislation in the area of u+ol.1ilchome parks. In other words, all
-local action in the area ol• mobilc:hoiac purl: rent control is of dubious
validity under the basic principles of preemption.'
Further, when one examines the public Resources Code and the
se:ctitms thereof relating to environmental impact reports, it becomes
evident that no rent control law can be passed without firsL_cawplyxII
With, the: ntdt•utory requirements relative to an envioronmental impact
report.
�r J
Cil.y Council of uccan:;l�le
February 2s,, 1980
page liitle
Vur exdmhle, it is evident that any rent control law will have
a very suostant•ial and detrimental effect upon a iaobilehume park
owner's aa•E,ability to maintain, improve and corltii,ue services and
facilit�u tli�onsintly serviceseandyresi5lerits Of faehoille park.
cilities will lhave balsubstantial
This re
efLect upuj tile aveualdetrimental etfclite �c t utlontl el sut.round>nq�community
additional
de rivinq 1t of the �ar,c� s Loaner beau„aiance' willtnotao, peal...
This impairment o£ the Marl; s n thecp api
" diuliuish the quality of life in the park, but will also reduce the -..
park's marketability, thereby impairing its for
rler value.
question
the
lulitf eValues
There is absolutely conly life enjoyed
refc:�•red to above will
by residents, but re1 tl�ai trolfot<linatile
ncec�mustaofcnecesslitytbef doer edyide,
Accordingly, any of public ttesources Code g210b5.
to be a "project within the meaning
This is .pointed Attorney General's opinion which
out in a recent
states: -
"ordinances and Resolutions adopted- by a local agency are
'projects'
within the meaning of Cl-,QA. If the ordinance
or Resolution i; discriminatory in nature, it is nZt cat -
on
egorically exempt arid ,clay have a significant, effecti
the environment, an evirpllmental iiapac:t report ,just ant, be pre -
tile
pared before approval." (60 Atty. Gen. opinion S0777,
September 30, 1977, 335 at 336.)
It is equally clear that the effects of forced rental rate
reduction have ".• [A) potential flit physical impact on the environ-
Code
ment directly or ultimately.'.." (Cal. Administrative
Shan/v 1Golden�
Chapter 3, g15u37, Subdivisioll (b) .(3), .
).
3d 699, 702
Gate llridc e, etc. ► District, 60 C.A..
Also see fro Oil' It' visors v. Los Ancleles (1974) 13 C.3d 6j1, 79, '
and Rosenthal v. t3`d of Sc')el rul-=ors (1975) 44 C.A.3d 015,i323.
A major practical consideration which the
t be examined is what
t. are
ile
is it til it rent cull
ecorOl .reallybrusiness canIn Uiderations�anddPhilosoPily
basic pa •
which ;bold be titt;ell illto account at tl,e very threshold of consider-
ing rent control?
ol is
Uest�ite tll,: fact that it is not a popular position, it n►ust be
realized t►lecaure theyoarelon aea Climited,tt•ixled incolielilt relit Coisrreally no
necessity
more than emotional ,lea. In sum, rent control will never solve tile
pruulca�l of the in�iividuaI who is an tilt: limited, fixed income. .. '
results because of a greatvariety of iactors,•raost iwharLant uL
R
f
city counciL oC Ueuan ,idtl
February 'lb, 1980
Page 'Pen
colltvol of
ill Coll
which i, the foot that inClatic>11Tl�beell erefore,�lthewarbi.trarylu` to be a
probleta for these individuals. Therefore,
tale inevitable. 'Phis
rents will at best only temporarily Y unacc
delay, however, has costs
xoP.li]acteupo with
substantialeportionpoi:ble
and which have an immediate
OS ii
mobilehome park residents. letter��leItoisttalso c eneralltatruecthat„1.10-
arc found throuytlou
on limited. financial Payka•
'mobile -home residents are slot livin
Rather, Most are econolaicall` sound and c u> t� ca gable ondp.-.-Y--�
substantial more for rent than the are resentl charq-
aces, thereby
It must also be redlized thatwhats�ll actually
do is reduce the available supply
creating a situation where supply and demand will drive rents upward•
This will result becausUr110
therewexistinymobilotob�ilehomearks 1parks willll be tUe1 j
rent control exists.
converted to alternative uses which wan Golf lntheuresident:s wl o arenow
oleic value of t
tllereb causill file value of
activel cdm�aig11i11 for rent control will ti11d that tll�: are i:orce
to remove their .coaches Lrol�l the arl:s,
their coaches to deureciate b 5U% to 7S%,
ns
Rent control will.allolieta�neriorateatilecteneriell busliness clirental
housing and will ,ubStant
ate within Uceanside• same is true of funds from rate 11vest-
-
from the fact
ors and < overnnlent: wilo uh5_`1nclThiseresultsd to 11sir,►plyedevelo meat and of her
related pro'1`ects in Uced overnmellr. entities deplore governmental
that both t]uS1neS51-ilen and otl�er particularly 1�llen it is totally
intervention and interference; p'
unwarranted.
It is because of these reasons and many others the State Legis-
ass astatewide rent control ;itiitute.
lature has not seen fit .to p'
Additionally► it is significant to park`residentsLinlmtanyc,ltmanytcitieso
has been proposed by L•ew cities have adopted ordinances
tllrouyi,ouL the State, only a veiy
which are directed exclusively at mobilellolne parks.
the ,;tate_of.Californiahl l t �'�Inoneclo�c:rtain
-- these
al'l'd:i �• —
are i is tllslt
notice, certa
tom( 111i11lcY • Acc�
rec u> r> nil �► v,
J;voin i L
CF-,70atedby l
iS 'i118U kInflec
r(!(Iuiat1U11S 1]
prot� d Lrc
A
N
a
City Council of Oceanside
February 'lb, .19BO
page Eleven
Restrictions on the Park uwner'ur residents' right to sell their
pr6perty are also not permissible. For example, these restrictions
would preclude the Par): owner fro►a makinq a sale or other transfer
for legitimate estate and tax planning purposes. These restrictions
would also prevent tax deferred exchanges and unduly complicate and
delay.the process of selling. In sum, the proposed restrictions
unlawfully infringe on the property rights of all parties. They also
create monumental administrative problems Ror the City,.the Park
owners and the residents.
Consideration must also be given to the fact that voters in this t".-
State are repeatedly demonstrating that they do not wish to see their
tax dollars expended on .programs which benefit only a very small_
special interest group. This was true not only of Proposition 13,_
bu't has also been seen recently in the tremendous support given the
Fair Rents Initiative. Accordingly, the attitudes of residents who
• do not live in mobilehome par}:s, but whose tax dollars will have to
be used to subsidize mobilehome part: residents, must be taken into
consideration. This attitude would seem -to be particularly 1)revelant'
within Oceanside.
In closing,* it should be clear at this point and time that the
sub)ect of rent control is extremely complex. As such, the poiiits
made above are of necessity abbreviated. I do believe, however, that
it is clear that a great deal of: work and careful consideration needs
to bd given to this subject before any action is taken on a rent con-
trol ordinance. This is particularly true as the gathering of the
` B irkenfeld factual data will demonstrate rent controls to be inappro-
rp iate•
Thank you for your 'kind attention to these matters. I would
appreciate being kept advised of the status of the City's considera-
tion of rent control'. By dding,so, I feel certain that either I or
my client can provide information which will assist all parties
concerned in ma);ing a reasoned decision.
t r yours,
• CBS/sr �.
Lnc.
cc: City Attorney
Mr. Alexander flex
Mr. M. KirkI)atrick ' .
uS
a
HEN0RAN DUA 1:111181T E
TO: Councilman John Casey, Chairman,
Mobile (tome Fair Practices Committee
Councilman Ray Burgess, Vice Chairman,
Mobile Home Fair Practices Committee
FROM: City Attorney
'DATE: March 10, 1980
RE: Requirements for Environmental Clearance for Proposed
Mobile tiome•Fair Practices Commission Ordinance
This opinion is written in response to•concerns raised
regarding the applicability of the California Environmental
-Quality Act (CEQA) to the proposed mobile Home Fair Practices
•Commission Ordinance. The pertinent questions may be narrowed -to
two. First, is the proposed ordinance subject to the provisions
of CEQA? -Second, if the ordinance is subject to the provisions of
CEQA, may the City Council adopt the ordinance without publication ,
of notice of the environmental determination pertaining to the
ordinance and without providing an opportunity to respond to that
'determination? .Each of these questions will .be addressed. in
turn.
CEQA generally applies to discretionary projects proposed to
be carried out or approved by public agencies.- Public Resources
Code (PRC) Section 21080(a). A project has'been defined to in-
clude activities directly undertaken by any public agency. PRC
• 210E+5. In interpreting the above statutory language and subse-
quent.case law, the Attorney General has opined as follows:
• "Given the broad definition of 'projects' in CEQA, the
holding in the NO Oil case, and the language contained in
Section 21080, it is clear that ordinances passed by
;cities, counties and local agencies are 'activities
directly undertaken by any public agency' under Public
Resources Code Section 21065(a) and thus, 'projects'
-within CEQA." GO Ops.Attorney General 335,• 338.
From the foregoing, it is reasonable to conclude that the
,adoption of an ordinance is a "project" within the meaning of
-CEQA.
The environmental determination procedures of CEQA must be
applied to each project unless it project is categorically exempt
C>;
from the application of )A or where it can be seen with cer-
f
Councilman John Casey
Councilman Ray Burgess
Marbh 10, 1900
Page 2
tainty that there 'is no possibility that the activity in question
.may have a significant effect on the environment.
The only possible categorical exemption created by statute
which may apply in this case is that of an "emergency." An emer-
gency is ,defined as a "sudden, unexpected occurrence, involving a
.clear and irmlinent danger, demanding immediate action to prevent •
or mitigate loss of, or damage to life, health, property, -or es-
sential public services." 14 Cax.Admin.Code 15025. Eme""gency �•;
includes such occurrences as fire, flood, earthquake, or other
soil"or geologic movements, as well as occurrences as riot, acci-
dent, or sabotage. Given the definition of emergency as defined
in the State Guidelines to CEQA and the above examples, it does
not appear that the proposed ordinance would be construed to
constitute an emergency as contemplated by CEQA.
As stated above, a project may not be categorically exempt
j from CEQA but may be otherwise exempted if it can be seen with
1 certainty that there is no possibility that the activity in ques-
} tion may have a significant effect on the environment. The State
Guidelines to CEQA have declared that a project will normally have
a signficant effect on.the environment if, among other things, it
will interfere substantially with the movement of any resident,
induce substantial groarth or concentration -of -population, displace
a large number of people, etc. 14 Cal.Admin.Code Appendix G.
It has been argued vigorously by the owners of mobile home
parks that the imposition of rent control or like ordinances will
cause park owners to convert their parks or dissuade potential new
.owners from building new parks. Without addressing the merits of
these allegations, they raise the possibility that the proposed
ordinance "may" have a significant effect on the environment by
causing the ultimate closure of parks and the displacement of the
tenants therein.
The courts have liberally interpreted the definition of sig-
••nificant environmental impact to comply with what they deem to be
be legislative intent of CEQA, i.e., to afford the fullest'pos-
'sible protection to the environment within the reasonable scope of
the statutory language. No Oil, Inc. v. City of Los Angeles
.(1974) 13 Cal.3d 68.
Additionally, the State Guidelines provide that an EIR should.
be'prepared when there is a serious public controversy concerning
the environmental effects of a project. 14 Cal.Admin:Code
15084(c). It is obvious that the park owners believe that the
i
�i
)
Councilman John Casey
Councilman Ray Burgess
-March 10, 1980
Page 3
enactment of the proposed ordinance will tiave a substantial
adverse environmental impact. While this controversy, standing
alone, may be insufficient to require the preparation of a full
EIR, the existence of the controversy makes it reasonable to
.conclude that, at a minimum, the initial environmental
determination procedures should be followed.
Although a definitive legal determination as to whether•or
not -the proposed ordinance may have a significant adverse environ-
-mental impact can only be made by a court of law, it is' my opinion
that there is a significant question regarding the potential en-
vironmental impacts of the ordinance and consequently the initial
environmental determination procedure should be followed. If.
Madherence to these procedures does nothing else, it knocks out a
• major issue upon which the ordinance could be challenged in a
lawsuit.
In following the environmental determination procedures as.
recommended above, the City must prepare an initial study. 14
,Cal.Admin.Code 15080. This is prepared by the City's Environmen-
tal Analyst and forwarded to the Environmental Review Committee..
Based upon this initial study, this Committee determines whether
or.not a project may have a significant adverse environmental im-
pact: If the Committee finds that adoption of the ordinance may
have a significant effect on the environment, the Committee must
-order that an environmental impact report be prepared unless the
-ordinance can be amended to mitigate the potential impact to a
level of insignificance. Conversely, if the Committee finds that
the ordinance will not have a signficant effect on the environ-
ment, the City must adopt a Negative Declaration to that effect.
PRC 21080(c).
Assuming a Negative Declaration is found• to be appropriate,
both the Public Resources Code and the State Guidelines provide
that a Negative Declaration shall be made available to the public
with sufficient time before the project is approved to -provide an
opportunity for members -of the public to respond to the finding.
PR-_ 21092, 14 Cal.Admin.Code 150.83(e). The Public Resources Code
provides three methods of notification, but only one would be
applicable or effective in this case. That notification would be
publication by the City in a newspaper of general circulation in
the area affected by the proposed project. Although no specific
- time limits for such publication are delineated, other State and
City notice requirements generally require such publication at
least ten (10) days prior to the date of hearing or other action
referred to in the notice.
I
4
Councilman John. Casey
Councilman Ray Burgess
March 10, 1980
Page 4
The Appellate Court has recently held,that failure to provide
notice of a Negative Declaration will invalidate the adoption of
the ordinance. Plaggmier v. City of San Jose (1980) 161 Cal.P,ptr.
•886. The court specifically stated:
"...the protest procedure [of a negative declaration]
'subserves the public purpose' of CEQA itself. D ecause
the purpose will be utterly frustrated by a failure to
comply with the provisions of law requiring 'public no- `
tice' of proposed negative declaration, and of the protest r
and•hearing procedure established locally, those provi-
sions are 'of the essence of the thing to be accom-
plished.' (Citation omitted) They are accordingly 'manda-
'tory' in the sense that noncompliance with them will have
the effect of 'invalidaXing the governmental action(s)'
which follow.- (Citation omitted)" Plaggmier v. City of ?
• San Jose, supra at 161 Cal.Rptr. 893.
This case holds that failure to provide notice of a Negative
:Declaration is fatal to the subsequent enactment of the ordinance
regardless of whether or not the Negative Declaration itself was -
appropriate.
In conclusion, reasonable arguments can be s i
J presented to pup- ;
port the position that adoption of the proposed ordinance may have
-a significant environmental impact and, therefore, the ordi an nce
would be subject to the environmental determination procedures of i
C3QA- As a result, if the ordinance is enacted without giving
notice of the preparation of a Negative Declaration (if this is J;
,the determination made by the Environmental Review Committee)', it
is my opinion that a court action challenging the validity of the
•ordinance would be reasonably.expected to be successful.
MY -apologies for the length and involvement' of this opinion;
however, I felt it was important to fully detail my concerns in
-this matter. Should you have any questions regarding this matter,
.do not hesitate to contact me.
..WARREN B. DI VEtr '
.Ass-istant City Attorney
-IIBD/•1w,
-cc: Planning Director
LAZOP AND SWANSON VAM0� I Sy -
ONALD C LA70r ATTORNEYS Y! EYS AT LA
CAMEAoo/tl
• pnANG1AW
C %nCNT 5WAN4ON • 1.11 V11 ^•••IC)r1n1 l •Irf l'llll l.i l<1H^•
OCRALD G WLSON 1633 LAST roll Rrll 9ilirnr • sulir. QO
Tl•01AAS A GRCCO TCnnY n, OOWU?LL SAN7A ANA. CALIrORPIIA 92701
,.. ,.
GRCGORY M. OLCK TCLr PHONC 17141 073.1700 r ,
ROOCRT S. COLORCN • �•; f-l! •, 1- • ,
GAnY O. n0r'£ ^" »•
4ONAL0•W. RO11r
tlarctl 17, 19;JU
rlr. tverller Vou L;ultut;ll
• y•1al.11illg UiL•ec:tUl.'
city of Uceatls-Lde
3tU H. liorile Street
uceausiae, Califortria 92U54
Itc;ierence: L'nvirunutental lulpact Ito,
Mobilellunte Pala: ;tent Control Ordinance:
Dear Mr. Von Gundell
As you are .aware, the City of uceanside is cuntulnplat>.tly the passage
of a rent control ordinance specifically directed toward laoL)ilelrome
parla within the City 1imi.ts. Our position with respect to this.
tion anct/ur passage, the City
ordinance, is that prior• tO considera
itrust comply with the 6litornia Public Resources Code r+llicll reLlui res
an riivirc.-tllaetltal Impact Iteport. 5o drat you are fully ar+rre or the
legal recluiromellcs necessary J. such a report, I have taken tile
liberty of attaching a brief monorandun of Points and Authurit.ius it'
sui,port of our request for an Lriviruluaerltal Ilapaet Report. Letters
and other written information* f rom ny clients are also enclosed to
ordinance -
demonstrate tale adverse enviornlaental impact of the proposed vidinance•
' As you will doter the enclosed 1"leworanduta cites various sections of
nu other authorities which require such u
the Public Itesouces. Cudc a
report where there is substantial ecollul"c, aesthetic: or physical
effect on the envirutlrlec,t.
It is our opinion, that prior to the: passage of any orditrL:tice Imposing
rent controls On rlobilehullle Marl, ovne:rs witnin the City ut Uceansidi;;
.that the City I.lubL fil:t;t undcetal;e tale 1.j1'ellaL•aLiull of all onvivoli lellt,11
Irdp.eL Rel)Ort as to each nlobilchurle park in Uccallsidc• In any event,
t!►c re is uo doubt that at leL+st one lilt which encompasses this wlti.re
issoc is required.
As Lila City eslluuld be aware, rent•. control has llec:n a ruses" 1: when
itaplenlc:lltud on the local 11:.vc1, I'll"' has served only to retard the
yrur+tn of new rental lu>using units in any given locality wllicll has
instituted rent cu�ltrul. 'Phi:. is supported uy stuuLc:: <1onc: by UDC
and Governor Itruwn es rec(^lll ecunueti.c lr• sic i�il ;cant intpaet, oily
alone, wo believe that rent conLrol 1)usesaJ
I
''tr. Werner Poll Gunnell
,dart:►, 17, 198U
page Two
the environtaeraL, t uus Lriggca:ing the notes ,it.y of an EnvivonmenU&
Impact lteY►ort. 1L is a matter of curtmaon lawwlcdgc, that housin j
developca.:; and landowners, when raced +litl► re►►t control Lestrictions, {
are either not building newr ItousilIg units, or ,ire converting existing �
rental units ir►to contiutainium projects.
l•1e sincerely believe that a reasonable approach to the solution of
the problem of rising rent in an inflationary economy is not rer►t
control, with its accompar►ying environmental irrptact on the cotanunity.
As can. ue readily established, this impact. is both direct -and • indirect
and has a cietvi►:►ental effect on the general .business clip❑ate and
w:
itavestrrent Upportutlitics wiLhin a given city. It root only can
contribute to rcduci►►g the tax base deterring private investors ;rove
investing rxonev within the City bu.L tile,ultiklata: ofLect will be
inatieyuate housing, the loss of potential business and industrial
projects which will etapluy additional people and a genew:al ciecli►re in
the reputation of the 'City as being a favorable clir•,ate for business
i ttv es t►'re tits.
In addition., the City shoula be aware that ir►plimentation, admiriis-
tratiot► and er,Lorcet1,erat of ally rent control ordinance will place
ira4reased 'burdens on the city budget, requiring perhaps hundreds Of
tiabusands of dollars to be uivertr_d away from Other public pr03et:ts.
We 'suunit that for this reason alone, an Environmental Impact Report
is requir:.d, so that tlae City and the voters will be readily auare
of tlae ultimate cost Of inplementing rent control. This. is especially
true now that Proposition 13 is all everyday fact of life.
Rased on my discussions writh Warren 1)evin, Assistant City 'T-ittorney, I
atir plarrnitag to be .present at the iinVirotimental Comr,ittee meeting on
1 will'.Of course, be pleased to answer
Tuesday, March lllth at 1:30 p.m.
-any
c questions which you t1ray have at that tine.
otl s et� truly, I f I
C. C1 ENT Ji
sr
Lnc.
cc: i`ir. relexander Telex
fir. Morrill Kirkpatrick
torticy
Mr. Charles 1C. iteviutti City I City
J+ttorney
Mr. warren B. UiVen, Assistant City
Mr. James Kosik
i
L
0
LAZOr AND SWdNSON
' c..uLc Aoonrs5•
RONALD C LA20r ATTORIICY£• AT LAW
C. nRCNT ;'iWA"".0H ,
r11or[�i'•1•�NAt tf11, 1.1+,1nr1(1•, ORANGLAW
GCnALO G. W11 SON 1033 CAST KOUIITH ;jTnrrT • SO1(C Ito 1 4
THOMAS W%. GnCCO ANTA ANA, CALWORNIA 92701
• TCR(1Y R. OOWOALL •S 1
' QRroonY M BECK TCLrnH04r 17141 979.1700
ROOCRT S. COLORCN
GAnY n. nOSS
RONALO W ROSC
r 1c•
• 1•IL;:•iUl:A111iU1•i UL' 1'ULNi. AND hUiliUi:[i'ICS
1'RUPOSEU UCL:At1SIDG 19UL'IL1;11U(sL' PA121C RCI<'1' CUN' RUL '
URUINAUCI: IS ItL•QUIRM) TO CORPLY WITH '1HU REQUIRE-,
NL••NTS UP THE. CALIFORNIA ELMR01411E11TA6 QUALITY ACT.
'Pile following suru;iary of the application and scope of the {
California Environr,lentaI Quality Act will conclusively demonstrate +
that'tile Courts and administrative agencies have applied the.
CLOA requirements in'situations essentially identical to tl+e
one: now before the ComTctission. i+n excellent example •of this
application is found an Attorney Gelleral:'S'Opinion (opinion 110. ;
SU.74-42-.July 15, 1975, volume 58, page.708 et seand Opinion
No. S0.77-7-Septenluer 3U, 1977, volume GU, pack 335 et
se )-
Said opinions are adopted in full it, sUpport of 17etitioner.'s
I
arglu11e1(ts dna are incorporated hereill by this reference. 3
Your attention is also directed -to Title 14 of the z
California ndrliinistrative Code, sections 15000, et se: and the
p1
a �endi.ces refer►ed to therein. Said, Administrative Code provi-
•
sions are tilose api,licable to tllo C1;QA• • 1
As noted, tile CE'QA requirelaents have been applied to cases
essentially identical to the one now before the City of UceansiLle.
An exalaple or- said appliear,ion 11lay be seen in the case of Shawn
gate i3t,1d<�(:, etc• Dist. u0:Cal.APp- 3d b(Jy. in Shawnt.
V. Uoldcu
f T
N
• t
the Cgnlrt• dealt• wit" the (iu(Js;tion Of whether the: CEUIN al,plicd to
the decision cl: the Coldun Gate Brl-clge District to increase
fares fur travel upon a bus lane operated by the I)i:strict. , The
Court said at page 7u2: "Persuasive,• at first (Jlancc, is respon-
dents' argument that its fare increase in no wz,y relates to the
alteration, zoning or use of land, whereas Cho cases heretofore i
applying the CEQA all llslve dealt lritll some form of land use.
I1ut a ,endis F.to the cluidelines now refers to "enerc le ullnecessar
conser-
vation Itteasures"_ and "rate structures wui c!1 discoura
mere corlsw�>,tiou" . 'file Court tilercizriter went on to conclude
that the rate increase proposed by t;tilden Cale vas, in _i act,
sub'ect to the requirements of the CEQA.
-rile applicatioil of the provisions of the California Public
2tesources Code relating to CEiQA requirements to the, proposed
Ordinance now before the City of Oceanside will be summarized., `
in the follolring. paragraphs.
pRC Section 21100, PRC Section 21063 and 'PRC Se'ctionF21062
clearly place the pent Control COMMISS1U11 within the definition of
a puulic agency. Further; there is nc) doubt that. the City of i
Oceanside is also within said definition.
pltC 5ectioll zl083 states, in },part, as follows:
"The Office of Planning zinc] Research shall prepare and
develop Vruposed guidvlines for the impleltiontation of
this division by public agencies. Sucll guidelines ;:hall
include ubject•Lves and criLeria fur the ui•durly c:valua-
tion of projec:t:; and thC of cnvirunl,lental
impact rei,orts and negative declarations ill a ulaiulcr
consistent with this division.
Such quidelille:; -;]lily] :q)CCifically include criteria] for
public ayc�ncies to follow in dcixrnlirling whcthur or not
a propose.] pl:vject i'my have a °;aigrlil:icant eccoct un
the environment". Such criteria :;hall require a finding
that a {)reject may have a ;igniE'icant c:l:i'ect on the ,
onviroltimint" it cmy 01 Lhe iullowing eondi.tiom; cxisL"
(a) A proposed project has the potential to degrade
the quality )L Lhe environment, curtail L•he range of
thu environment ut: Lo achieve shuurt-terms, to the dis-
advantac-Ie ol: 1U11,%- te►^rtl,• e11V11'U11L1e11ti11 t JOIS..
(b) The possible effects of a project are individually
lilltited•but Cumulatively considerable. As us-d in this
subdivision,` "cumulatively consluerable" iileans, that the
incremental atfects of all individual project are con-
siderable when viewed in connection with the effects o!
past projects, the effects of other current projects,
and the effects uf•probably future projects.
(a) The environmental effects of a project will cause
suustantial adverse effects on human•beings, either
directly or indirectly.
Such guildelines shall also include proccuures for deter-
mining the lead agency. pursuant to* the provisions of
Section 211b5.... [Emphasis added]
The first step, therefore, in 111aking a ueterinination as to
the applicability of the CEQA requirements to the proposed RENT
CUwTRUL ORDIL+Alr•CE is to determine if the Ordinance would be a ,
"Project". ;
After determining that the proposed urd'inance is a "project"
then the second step is to determine if the "project" MAY have a
significant effect on the enviornment.
The terra "project is defined in MtC Section 21065 as follows:
Y "Project" means the toilowing:
.(a) Activities directly undertaken by any public allency.
(b) ilctivities unuertal:en by'a person which are supported
in whole or ill part through contracts, grants, subsidies,
loans or other •forms of assistelnce from one or more public
agencies. -
(c) i%ctivities involving the issuance to a person of a
lease, pormit, license, certificate, or other entitle-
ment for use by one or more public agencies"
It is clear from it reading of this section that the proposed.
Urdi"nance is a "project" within the meaning of PHC bectiun flubs.
1
w�
r—
L1
This conclusion IS Cut.ther (Icnwnstrated uv the diseussiull jteL
forth below.
• That the proposed Ordinance is d "protect" is also aptly
( demonstrated by the discussion cuntained.in the cited Attorney
General's Upinions. Fur example, at Kaye 338 of Opinion mo.
SU.77-7 a number of citations to various California appellate
cases are, referred to to demonstrate• the broad definition or
"pro3ect". n siMilar discussion is found at pages 707 through
716 of Opinion Igo. So. 74-42. Iehis later Opinion also discusses =+:'
in detail a number of California appellate cases lihich have
dealt with the definition of ";project"..
In particular, the City's attention is directed to footnote ,
tour at page 713 of Opinion Wo. L)u. 74-42 whtrein :several
California Sul)rute Court cases are quoted. Thr:se cases which
deal with the setting of public utility rates refer specifically !
to the fact that the serving utility is entitled to demand a
fair return upon Lhe reasonable value of the utility's property
which is being used on behalf of the public. In effect, the
California Supreme Court is dealing in the cited case with the
same "just and reasonable return" concept mandated by the.•
Bi-rkenf•eld case in the context of a rent control. nccordinyly,
a direct relationship between the�CL•'�n and the lsirkenC-eld concepts
is established.
In effect, it is clear that the rate :setting function by the
PUC is no different than Oceanside's proposed Urdinance which
,sets rental rates. In other words, the Rent Control Commission
has the saute rate setting powers for mubilehome parks as the PUC
has for utilities; undue its; jurisdiction. This results because
-4- .�
of the fact that runt.n.l miter, Ili niohiiuho,ae darks which are set
by the COMIlliS9SLU11 ctLnc:t tttc cui►suniiny pUblic Just liku the
PUC's rates effect consumers who ride public transportation,
etc.
Shawn, supra at gages 7U1 through 702 points out that the
term, "project" has been so broadly defined by the California ,
Supreme Court as to'cover activities which have no conceivable'
effect upon- tile environment.
Section 1SU37 of Title 14 of ttie California Adi,.instrative �.
Lode also defir►es "project" in an extremely broad manner. For
example, sub-parayraph of a Section 15037.states: "(a) Project
means the whole of an actioai, which has a 'potential for resulting
in a physical change in the environment, directly or ultimately,
..." In sum, a "project" only has to have the "potential" for
either.'"directly or ultimately": resulting in a physical change„ `
'in. ttre euviroivaient.
As noted above, once the determination is made that the
proposed ordinance is it "project" then the second step is •to
-determine "IF"' the project "Iu1Y" significantly effect the er,viron-
ment• . . •.�: ^'
As pointed out at payds 714 through 715 of Attorney General's,
Opinion Wo. So.74-42 the California Supreme Court has concluded t
that 4111 environment iiahact• report must be prepated for An project
which MAY slgniticantly aftect• the enviruniuunt,, not ;lust physical
activities of an agency. t'urtherniore, the term "activities" does
not refer solely to physical activities of an atjoney. In other
words, the -word "phy nical" does not pertain to the type of activity
undertaken. i�ccordiiigly, the actIVitY undertaken by govcrnwent
ki
011Y
,1Ci�.�° lI1 n�1te1L'C le7r t1le C1,QA rC%1Uire_
is not MIulL'ee1 111 I7e'
I'lellts to apply-
In tile Calilurnla :;uprcme Court ease of No — Inc v C1ty_
oi' Los �n�1►=1os
13 Cal.Our the Court djsCU,;50e! the dnfinitiwl of
"Way" Ilcj "Sic3rI1t1Cilr►t° as tl1U;iC terr:t:i are U5Cd in tl:e
. tile termIday iA I:U Cl:t 1^ay ,
• CL'(2A requirell�e:nts relative to deter►.rilliny if: the p ]
• nificantly efy:ect tile environment. The Court concluded in
sly to
these discussiolls' that the tevlAs "uare
lay" and "significant
bey-r preted in an extrewel broad i'asllion.
Court• states in fOUt'l1Utc 17 at gage da o£ tile
10 Uil
case that a Court wi11 not,,' countenance abuse of
to ',%j L'ic;ant effect" quallEicatiorl as a subterfuge- toexcusethe
r,lakiny' of impact reports otherwise required by tile a
'1'lr� Cuurr, also points out at page ti5 of tilt! lio Oil case: that
report should be prepared "�rlleneve,r
n ..an environnlelltul impact reF .
Willi have an adverse: enviroll klental impact."
the, action arc ueabl
ics ill tI1P oryitlal.)
.(Underlining substituted for ital�
The 140 Uil Court also points out at the top
of- page du "ane
vernmental agencies,
a►ajor purpose of all L•'IR is to inform Qtller go
a I;ro_
lly,► vtile environs►ental impact of
a
acid the public gene
-posed project... n sirs, 1e resolution or tleelative Ueclaratio�l�,
statirlc chat tilt: ro' ect will have no sic111iL•icallt Ic�vro___i_ �lu'. cnt
c�ulnot true this function.:' [131�Iph�lsis adc )
e>>ect► public
The foregoing conclusively, d(A%lu rates alrat if the L
agencies action:; clrc ueabl, 1 : 11t Ilave an adverse Cnvirolll;lclltal
iuitact, tlldh an L•'IR tU_ be prepared. This trill insure not
1
that tllo Onvironlaerlt is protected, but will also provlde a
6r'lly.< <• .
weans of taleine3 the elaotionali:rra and politie:al 1) Jsuve out of a
P
r
1
r
0
4-
sit:uatiUrr. "1'ilere is nu doubt tliat the Subject of ruilt corltl:ol is
a hiynly el::otional subject which is su;cejltii)l. to action being
taken because of political pressure. "he preparation of an MR
.in the case of the proposed Uceansidc Urciinallce would undoubtedly
,'help to relieve solcle of .this emutionalisur and political pressure.'
The kilt would also serve as an objective vehicle for the citizens
and City Council of the City of Uccanside to use to determine '
wllether rent control frill have a detrimental effect upon the
City and its citizens. In sum, and EIP. would have dealt with the negative aspects of relit control .which at • cl :scussed in
• later paragraphs. The ind ntif•icution of L•llese negative aspects
would then permit tilt Council and residents O Oceanside to lral;e
an informed decision as to the AdViSabilit oL rent control.
It is also clear trom that portion of the Upiniun appearing
at page 86 of the No oil case sited above that lire uc1.
City Cw►ncil's issuance of a Negative ucclaratioll would riot
satisfy the requirements of the CL'uA.
It is also clear from:PltC Section 2116ts.5 and the last
the No _oil decision that the City Council
paragraph on page lti of
of Oceanside has to comply with the CjiQjA Requirements prior to
the ti►ire the Lroposed ordinance i..
gassed.
The proposed Ordinance "lust, as a matter of c:onsititutional
law, be
based oil the propo:;ition that there is a shortage Of
pwbrlehor.ru spnce:: within the City Of Ucc:.u►:ridc:; there cove, this
4
shortage has cau-0(! low vacancy rate and rising space rents. In
e:l:fect•, the urdiilanue i:> pru:tulklably elireeted ;It a situation where
the marketplace is al'ugedly no longer functioning as it should.
Although the Cit} jecannitle Ilan; no facts to support Ellis '
-7-
1.
14
L
y proposlLioll, UIC 1.01104lill(J (liscuai:ii,vn al.:!illi.l(`!i Lhc1L such C.1cLs
exist.
TL' it• is presumed tilat tilt! prol)o:.c(1 Ordinance will Operate ;
.as it is 'supposed to alld restrict rent illcl:eu5es, then as rents
Will be lower 111 Oceanside titan they are in surrounding areas,
Uceanside will become a more desireable place to live. 'Phis
conclusion is supp rted by what is liappeniny i , orange -Riverside -
conclusion }
;.pan Bernardino Counties area where the cost of housing in Orange
(;ounty uas .risen substantially above the level of tilt: other two
Counties. As a result of higher livillu costs in Orange COunty, 7
many people who now live or work or otherwise have substantial '
contacts With Orange County -are muviny to Riverside and San
Bernardino Counties.
'Phis migration effect which has been seen for sO1me time and E
As presently occurring in tllese'three counties is identical tq•.
what will happen in the City of Oceanside. Ir sum, people will ;
be attracted to Oceanside over other surrounding geographic
areas because of the fact that mobi.lehome park rents are cheaper
-in Oceanside. Additionally, persons row living in Uceunside
will cc:ntS.11ue L•u live. there at the reduced rental rates rather
kt
titan trove to another geographic location.
.11r effect, existl^.J and 1°UtUre residents of Oceanside will
wake decisions relative tO ','here they live. oil the basis of housing ;
costs. This Will .f1e,111 that tilu-Se resl(lellts no relocata to
be closer to their jobs, their schools or their other daily
activities. ltilthel: these resident:; will simply drive fabler
so that they May continue to enjoy reuuced rental rates. As it
C06seyucnce of drlviny farther, residents will use more gar., create
M,
i
iaore snNy and C..tU:ie More traffic problems. Additionally, Nopula-
tion patterns'wil.l Chanye as Were will be a hi%jller dciaand Lor I
housing in'tile City of uccanside and a lesser aewand for housing,
in other areas. As a consequence, land use planning and patterns
will be changed and otherwise affected.
The net result of tile Pbove will be to have an adverse affect
rnllent alld persons living %lithill the affected
on the physical enviro
areas.
All of the above factors and many other factors which are
related to them are set forth in appeilclix .I to Title 14 of the
Calif ornia,Administrative Code. said apj�endix is .entitled s
"Environmental Chec}. List Coma" and is the document which is ;
required to be filled out in eva?.uating the CL•'uA retluircuients and
the preparation of an MR. t
As you %rill r"all, the Shawn case, supra, also referred'
to appendix l' to 'Title 14 of the California Adminstrat'ive code.
said appendix Set forth those factors relating to encl:gy come
r=
vation as they relate to CLuA requirements. I+s pointed out in
Shawn, the above noted factual considUratiot►s are identical to
wh
the consicleraLions ich 'the Shawn Court used in its determination
that and LIR was required.
Bub -paragraph 'c of paragraph 21 of appendix I also refers to
the "cumulative of'-CCLS" requirement of the CEUA. In other words,
the public re�ouri:c;; caste and the L'alil'ornia'Admiuistrative Curie
require consideration of the cumulative ei;fect. of the potential
evil irounetlt'll iiaptict. F01: example, it it: is determined that
there are a number of �pc)tential cnvironw(!lltal-ilal)<<ctu.which iaa
rcaulL from tha >ru�ect, thou even:thuucih cash Of these �otenti�il
- _ - - .1
f
envirulI,.lent.,ll impacts 15 ill and ul iL:;(li very :;la.,ll t:ne illl
Dave to 1je COl:1f)lU(:C1 tog etleL' to determine' iL their cllltl(lliltive
effect may have the requisite environmerital impact• It also
siwuld be remembered that compliance with the Ci;QA is required if
there 14AY be'an effect ut>on the environment.
In sula, Ucean,'ide should recognize that there is an Lluverse
environmental impact from the proposed Ordinance.
As explained above, the current'state of the law is fiat an
UIR tlUST be prepared if the project MAY have d significant impact.
The tEQA does not say that even_ if ail adverse ilapact is
detemliinea, that the City I,iay not 'proceed to enact the ordinance.
Rather, the C1;ti1 provides that this adverse impact must be
considered PRIUR to the time the Urdinance it5 passed. There- ;
fore, under the CEQA it might be possible for the City of f
Oceanside to puss tile proposed ordinance if they prepare the
required EIR.
The purpose of the EI.R is to help the Council and the `
public wake a decision as to whether in fact rent controls are j
in the public interest and outweigh the detrimental environmental
effects.
Without tllo Bill tilis decision can not'legally be :wade.
Further, under existing law eve" the preparation of a Negative
Declaration would be i:Isull:icient- ;
In effect, Oceanside should recognize that rent control is
all extraordinary intereference with th4 tree enterprise syst-0llt
and that this type of interefevence has a significant detrimental
etlect uL>otI the community and its ellviruulnent. This rccugnictiun
-Will C;Asu- l►hich uuld:; that
is consistent with the, ts>_rl:(.nL(:ld, 5u ,
1
f -
in the area of rent control an extrijordillary restraint will be
Placed upon a'city's police power to ley -'slate to wit the city
will first *be required to n►ake the requisite factual findings.
It should be obvious that ti►e i5i:oposed Ordinance will
discourage investments in mouilel►orae barks. Therefore, recogni-
tion made by the Council that many of the paragraphs within
api,endix •I is applicable.
For example, if new mouilehorne parks are not built in the City
of Oceanside, than land use will be -changed as the land will
either be put to another use or will not be used at all. {
Moreover, rent control in one area of the rental housing -
market clearly alf-ects the willingness of investors and develupers
to build other forms of rental housini. This results because
these persons are fearful that rent control will ne extended to
their particular form of rental housing. 'therefore,, the proposed
Ordinance will have a'detriraer►tal effect upon the dove?S)�r:ent ,
of other forms of rental nousihy within the City of Oceanside.
As such, land use changes or the non use of lard will occur.
The failure to use land or the use of land for another �
purpose logically aktcets "tile property tax base of the City of
uceanside. xherefure, revenues of the City of uceanside
are afi:ected and monies may not be available to carry out essential s
or desirable projects which affect the envirionaent of tl►e City
of Uceanside. An example of this way be seen in the case of
thew York City which has had rent control since the end of World
lvar It. In that City rental housing has been allowed to deteriorate
to the point where -it is uninhabitable, thereby re►aoviny said
rental housing from the property tax roles.
0
Because ol. t-he fact that other areas in SouLhcrn Caliloruia
will not have discuurijay6d develupment ui Mubilehamc p:etic!. and
other ioem* of rental housing oy rent control, development. of
rental housing will increase in these other areas. Ieherefore,
�
the land use in these other areas will be affected, population
distribution will be Shifted, population density and growth
rates will be affected. These increasing uemands upon these
baler areas will also affect numerous other items listed on '
appendix: I
The fact tiiat mobilchome parks within Oceanside will not
be improved or r,taintained will affect the esthetic appearance of
these Earks. esthetic considerations are referred to in parayraph
f .
18 of appendix I. -
'Vhe same_ tyL)c of effect upal iiapruvcraent and imai.ntenance of
other forms ox rental nousincI within tine City of Oceanside
will occur. In other -words, an owner of an apartment Douse in the ,
city of Oceanside way, out of tear that his rents will be
controlled next, allow his -property 'to deteriorate or not be
unproved. Both the inuaediate effect of rent control and the ,1ony
terra fear that _rent controls will remain in effect owners - of
mobilehome parks and other forms of rental housing ill the city
of uceapside to convert their property to alternative uses. For
example, it is cominon Knowledge that in the City of Los t.ngeles
and other cities effected by rent control many: apartment owners
are ccaidominimiziny their apartiiients to escape tiie effects of
rent control. Further, owners of mobilehome parKs within the
'City of Uceanside may elect to build condominiums or other projects
on their land.
i
r
1t is also evident tl►.►t it: runts are truly rising too fast
as a result uL a st►ortaye ut mubilehowe space:;, then rent controls
will unly work to aggrevate this sf j,ly lfroblcm. 'therefore, as
soon as controls are removed it can ue anticipated that large
increases in rent will occur. As large'rent increases will trot,
however, be politically acceptable it is evident 'that some form`
of rent control will have to be continued in the future. ;here:
fore, even a snort termrent control Ordinance rfereiy ,ayyrevates
the situation.
It is also evident from the extens.ion of the Kent Control
UrtAinance in the City of Los Angeles and the history of govern-
wental controls in general that it is likely that rent- control
will continue in tl►e City Of Oceanside.
Even assiWainti• that rentcontrols are not extended, then the
proposed -Ordinance -still will have a long range effect on the
environrfnent in that it agyrevates the sun,ply situation both in
the short run and 1.n tine long run. In sun, Owners or rental
housing will remember for•years to cotae that the City of Oceanside
acted at one time to control refits and this will discourage
these_ investors iron placing their money at risk »ithin the City
#,)f .Oceanside.
It is, therefore, reaaoilable to Volieve that the proposed
Ordinance may have a detri►;festal effect upon the physical environ- '
ment.-•'Pliis is particularly truL% %Then tine "cumulative effects"
re�iuirer►ent of the C1a1A is tal:cu into consideration. Therefore.
Petitioner believes that it is clear that an I.11t was required
prior to the enactrfent of the proposed Orclinaltce. This is
particularly true when the occanside ordinance relative to the
.,
tlrujrlctation oL �u► I;lft When talf:l:c is 8 :,ubsLantI'll f,uu.lic coutru-
versy is considered.
Dated: March 17, 19ttU
C« ittfitSri?i:SVN�'
• R i
i
A, t
i
OC�
U
9
I
r
§ CIVIL CODE',
0
L
1 holdnonn is ddl cues vwarnnt lsanitnnryaro• tram IluLin Y f �r lien, tprtvlui dyoarer ted.
S '
snlrY telrhnnl Holler• nvrui t by tide :•te• .,hero Lunllonl gent no, to 11nY 11p nn
tlm,• Ilnldtlt v, not
;gimp (Spp• M. 19 Cal. 111•t1,I1h Y• tt�par^� 1 rclporla nil Inittov 1001
r ltpt r. Iry i, 2al U,r\."d :e.
No lnuncdlatu ri,:ht ,o Iws csalon -An hn IR•..v.trrh Cu, (1962) 22 Cul.ltptr• 166, 203
obtained under n rl,^ht of re•entrY until C.;.,2d 819.
pro!•cr three-day notice tins been served 5• Hight to terminate tease
i or, tenant, Jnnlan V. •1'.dbot (1951) 12 Cal.
t 1trlr. 1iS, 'sGl P.
zo. 53 C.Ld 597, 6 A.f..lt. Iplro f•urcr of ik �t (orreltur pay
leeschold not
It i
Sd 161. merely g,vt•c Ic.•sror right to tenninato IcAso
i 3, Oerland for paytnrnt It, mruuter provided by law. Im ,ney v.
Landlord's lcrinh"•ting Icase and re- 1insciotra. (MO) 78 Ct1l.Itplr, 261, 273 C.A. i
entarbl; ptemises fclr purpose of reletting 2d 709.
§ 792. Summitry proceedings for possession
° Law Review Centrnentarlcs _
f' t proposed. 41eff,fslative tichmiliM (o(1970) 21
t 'I1ast.L.J. 191.
1
§ 703. Possessory action, when maintalnahle
i Law Avilew Commentaries houao in redevelopment area was to clear
r ; Aeceltcrs :n unla•e(til detalner Actions, title for purpose of sale to rodcvcloCn:eM
recolver3h,p3 to Calltornla. L•'dmmnd 4 ltc- agency would aol, ns :matter of law.
Kash (19fS) 15 U.C•J, Aj aw Rev. 910. eondtict titto )lujilditef inequitable
IlubcrV ('.961)or � 11uCa6
i • 3. Right of action Rptr. 72% 194 C.A.2d 12.
nyllt
ainttl:enar..tssfor1Poaessfootive for nrof roominS
3 '
r 1 794. oil, gas, or other mineral lease; qultclalm deed; instrument or notice of
1 surrender or termination; damages; penalty
( Law t.evlew commentarle3•
A rule of discrete lnvall itY: rpetulFlOteh
reform without wallllll;.
t er. (1063) 20 Stan.L.ltev. 455.
iCHAPTER 2.5 MOBILEHOME RESIDENCY LAW [MEW)
it SEctlon
1 Article __
798
j1. General ...------------------------------------'..--------- ---798.15
f t) 2. F.onta) Agreement ----------------------------------------------798.25
i} 3. Rates and Rcgotatlous _ --- -'"
_-798.30
t 4. foes and Charges--79850
t S. Tenant MCCUngs-_-_-._..__V-------------------------------------798.50
• 6. Termination of Tenancy ------------------------------------- -----798-70
! 7. Transfer of M011chotae _ __ ------------------------ ---_798,84
} 8. Actions, Procecdings and Penalties .__ -----.....
---- 799
b 9. Su6divlsion:, Cooperatives and Condominiums............... _
Chapter Z.J teas added by Stats.1978, c.1031, P. -,11•
AAATICLE 1, GUNBRAL
See. `
798. Citation nud Applle.Atlon of chapter.
798.1 Allrileatlon - of definitiogs,
7K2 Jllnulgenicnt.
7 S 3 Mobile bunk.
793A Mobpchonle park.
70,'±,l1 Park. '
798A ltehtal ngrceluent.
t t 70`h7 ltoslllrnt.
7^31 'tenancy.
! TWO Tenant.
t j 70,4.10 Change of we l\%•w!.
t Articfc 1 was added I,VX 1ta,1918, c.1031, p. --, g 1•
Underline indicates changes or additions by amendment
178
1798. • Citation and Mile
Till-.4 cbopter shall he k
Lnty" It S11311 Igrply 01111 '
street or Ilil:tlwlly-
(Added by Sth111.1978, C. 1P
iwendn,gat of ON Sect,
Stnts.1978„c. 1033, P. -,
feet under silo terms of ) :9
I-brrner 1798, added by av
p• --, I I. relating to $, I..
ter, was repelled hY %itnts .
} I,6.
Sectlonn 7 and 3 of StatS.'
_ provide:
.Sec. 7• Sections 4 and
allall becou,e operative onl%
No. .119 AStats.197S, c- 10.
1798.1 Appllcdtt of de
Unless the provISletts r
shall Srl:ern the construct
(Added by Stuts,1078, a 1
1793.2 MIrrigcmeat
"aTanagentenC' rtealrs :
sentative atdhori2c11 to r.
tenancy 1n file par"
(Added by Stats•1578, c.
1708.3 0:ohllohome
"MobiIohomc" is a str'',
on a etri et or hlghr:aY to
(Added by Slats .078, c.
Section 23 of-Stats.1571 ;
provides:
It 14 the Intent of the '
e,to Bill No11 119 M t� lr
§' 798.4 ttohllohottio parr,
"dloblleltonte park" 11
rented, or hel(t out for
Lion.
(Added by StnOOT%
1793.5 Park
"Park" is a moUle)"
(Added bF fitnt4.19'f8, c.',
t
1 798.6 Rental agree?,^I
"Rental ngtccslcnt"
tablishhlg the tc"'As It :
(Added by OWLv197e, + r
§ 793.7 Resident
"Resident" is !t teua
(Added by Stats.1978,
1 7031 Tenancy
"Tcuapey" 14 lino ri
on Which to locute, +
Astarlsks • • • Initic•
r�
r
r thlyd iemy did not releaso tenant
e b.',Is rt,r r,•ot I,r,v..plat)' accrued.
to :.fJ -fit w.tico to MY up and
t','i!r. •- dip• laa•lrttun to rlrasa
1!^ 1•ml•,rll.•n, Ir•e, V. o.of
'1' C'u, (15:1) 22 +;al.ltplr. ISO. 2U3
M.
It to terminate Icnse
to r, k i� frr(eituro of lesscliold not
"Ire;•ih5bor r lit to terininato Iea••.0
provWed by law. Lanky v.
ra 01's J) 78 CaUttitr, 3J4, 273 C.A.
a redtvclopment area was to clear
would snot, aslant mattertof la v.
to I Ist-W. inequitable or. frauduicnt
11m,met V. Huber (1961) 14 Cal.
1S1 C.A,2d 12.
`I deed; instrument or notice of
fity
tENCY LAW (NE\V]
Section
........................ 798
:-..-----...-------.-..-798.15
...... ,................ 798.25
------------------------798.30
^--- ---------- 798.50
--=-----=--------------798.55
........................798.70
-----•----- ...........798.84
------------- -- 799
I
1031, P. —, § 1.
I
731,
a or additions by amendment
CIVIL CODE �.�
3 798. Cliatlon and application of chapter
This chapter shall be I:nown and may be eited as file "MohRchoule 1tel"Ideucy
Lan." It shall apply only to n moblichame that requires a permit to be moved oil a
street or highway.
(Added by Stalts.1078, c. 10,15, if. --, § •1.)
Amen,hn.;nt of ll!ls sectlon by 1 1 of IIIII No. 2170 (Slals.1978, c. w331 are both
Stathan7 , r 1033, P. —, failsd to lake ef- enacted and become effective January 1,
feet under the term,; of ¢ .9 of that net. l979. in which cube. Section 2 of thin act
Former ¢ 798, added by lilats.197S, c. 1031. As III not beware operative.
D, ! 1, relating to fill.
th,r snbJect'mal• '•5ec, S. Se.Ioa 0 of this Act shall be -
ter, was repealed by fituls.1978, c. 1032, D• Collis. operative only I1 Senile 11111 No. 2119
¢ I.S. [Ststs.197A. c, 1031) 14 muscled and'beconte'l
Sections 7 and 8 of Stats.1978, c. 1035, p; effective January 1, 1370. and Seuato 11111
-:- provide: No. 2120 (S.M 2120 enacted :es Stuts,1978, C.
'(Sec. 7. Seetlon3 4 and S of this act 10331 la not enacted, .n which lase. Sec-
ehall become operative only if Senate ]sill timls 2 and 4 of this act shall not become
No. 2119 IStats,1078, c. 1031) and Senate operative."
1798.1 Application of definitions
Unless the provisions or context otherwise requires, the following:definition$
shall govern the construction of this chapter.
(Added by Stats.1918, c. 1031, p. —, § 1.) 1798.2 Management
"Management" means the owner of a moi))Ichome park or an agent or repre-
sentative authorized to net on his behalf in connection with matters relating to a
tenancy In the park.
(Added by i:rats.1978, c. 1031, p,
3 798.3 Mobilehomo
" MobIlchome" Is a structure designed for human habitation and for being moved
on a street or higbc'ay under a permit.
(Added by Stats.1978, e. 1033, p. —, § 2.)
Section 28 of Stats.1078, c. 1033, p• acted and becomes effective January 1.
provides: 1979. It Senate Bill No. 2119 111 not enacted
!t :i tho Intent of the Legislature that to become effective on January 1, 1079. this
this bill shall become operativo only It Sea- act shall not become operative."
ato 11111 No. 2119 (Stats,1978, e, 10311 Is en-
9 79R.4 Mohilohomo park
"Mobilehome park" Is an area of land where two -or -more mobiltswme sites are
rented, or held out for rent, to. accommodate mobilchomes used for human habita-
tion.
(Added by Stats.1978, c, 1031. p. —, § 1.) J
3 79C.5 Park --
"Fark" is a mobllchome hark.
(Added by Stats.19M, c. 1031, p.
3 798.6 Rental agreement
"Mental agreculcuV Is an agreement between the management and the tenant es•
tabllshlug the terms and conditions of a tenancy. A Tense Is a rental agreement.
(Added by Stats.1978, c. 1031, p. —, § 1.)
3 798.7 Resident
"Itesldent" is a tenant or other person who lawfully occupies a mobilebome.
(Added by Slats.1078, c. 1031. If. —, § 1.)
1793.0 Tenancy
"Tenancy" Is the right of a tenant to file use of n site within a inoblleflome part
on which to locate, nntintalu, and occupy a mobilchome, site improvements, and
Asterleke • • • Indicate deletions by amendment
179
•..vmetro--in.»•...v1,,,,.-�'i^+rr•�+w.+,.r..+-r•nxr•s�'r ,. , .e^-•..-,..�..a
f
1 w+-r..w...'.-.w-..w.-rww-..,•..�.wvxuJw.,�_ •n. ..-..-rw.- ....... - - ....... x -r.. ..
r '
§. 70:.3 ciVII. CODE
acces.wry structures for hmnnn habitation, imehulilng the m,ze of .the Mrvitry and
facilities or the, park., — — --
(Added by Stuts,1J78, a 1031, P. —, § L Aluentled by Stnl:t.1018, c, 10' P' ;--,
1978 Amendment. Inserted alto improve-
mentu and the uao of the novices and to-
cilltlos of the park.
1708.9 Ttinant. '
"Tenant" Is a person who hail a tenancy fit a nlobilchome part: under a rental
agreement.
(Added by Stats.197S, c. 1031, p.
1798.10 Change of use
"Chrpre of tine" means n list, of the Park for a purpose other then the rentnl,
or the holding out for rent, of two or more Inobilehotuc sites to accommodate mobile -
homes used for humor habitation. A change of use m:ly affect an entire park
or any'portlon thereof. "Change of use' Includes, but Is not limited to, a change
of the park or tiny portion thereof to a condominium, stock•cooperative, planned
Unit development, or any fornt of ownership wherein spaces witanin the park are
to be sold.
(Added by Stuts.1979, e. 915. P.
i . ,1 i
&nTIcrX 2. RENTAL AGREEMENT
Sao.
708.15 Writing; required contents.
708.10 -Inclusion of other provisions.
798.17 I.epcaled.
=.1S Request for written rental agreement; comparable monthly charges for
one year ns for month -to -month ter -incy.
798.19 Waiver of rights; public policy.
70820 Dlscriminntlon.
Article 2 teas added by Stafs.1973, a 1031, P.
1 79&15 Writing; required contents
• • •• The rental agreement shall be in tatting and shall contithr, in addition
to the provislons otherwise required by law to be Included, Idt of tile Xollowing:
(a) The term of the tenancy and'the rent therefor.
(b) The rules and regulations of the park.
(e) The language of the provisions of thh chapter.
(d) A provision specifying that It is the responsibility of the management to pro•
vide and maintain Physical Improvements fit file commol, facil(tles in good working
order and condition.
(e) A description of the physical improvements to be Provided the tenant during
ills tenancy. '
(f) A provision listing those services which will be provided nt the time the rental
,agrceincut is executed and will continue to be offered for life terut of tenancy and
-the ices, if any, to be charged for those ser Ices.
(g) A provision specifying that the management shall uieet and consult with the
tenants, either individually or collectively, on the following matters:
(1) Amendments to park ruics and regulations.
(2) Slnndards for maintenance or physical hnprowements In the park,
(8) Add(t(on. alteration, or deletion of service, equipment, or Physical Imp rove-
taents.
Underline Indicates changes or additions by amendment
180
11
The provislon shill Provil
tllctt`uf has I,v%,u Given to it ;
(if) All other provislons 9-
(Added by Ntlds.11178, C. 10'
1979 Amendment. Dieted I
that tile, Inall•i:a•mon! (urilist
tivo lunant Willi the MIMI of
relelterile t'd former a bdv,al (a) 1
sulxla. (11) through (;); alit
(a). (b). (e) and (it).
.1 7D8.IG inclusion of other
The rental ngreeulent fit, 1
low.
(Adde,l by Stats,1073, C. If ,
1 a.)
Section 30 of Siq~a.1973, c
provides:
Section 10.5 of lifts act sh
eratlte only If tslcnibly
etfc:tlw7Jn•nmry)Is 1, 1Y9 a
chaptered last."
1978 Amendment. Omitted
tlon to Include tho rules and
the park.
1 79e17 Repealed by Sint
The repealed sectlon, adde•
c. 1031. P. —. 1. %peclfled ,
agreement con d plovblu t
mig)rt be torminattd by 01
¢!Vint: notice to the tcn4lit
mobllchome frcut the park
3 790.18 Plcquest for wrl
ono year as 10 a
A tenmrt siinll be (.Ivcn
exceed 12 month!•, or suc)I
No Such agreellICllt still
for rent, utilfttes, or in,
ferent dnrint; tilt, flat l:
or conditionswhlcli Woolf
to -month basis.
(Added by SLMSA97S. C.
§ 2; Stat80078, C. 1033, P.
Amendment of tills sec•
stats.l97A, c, 1ri33. P. —, I '
feet wider the terms of 131 ,
Section 3 of Slats.197S.
Section 2 of this act aha
the only If Rcttnta 1:111 No,
c. 10311 of thn 1977-711 It,
eppactet and adds section i
Cixla (Secllotl 93.18 we.
nldclr case Scctlon 1 lot if
become operative."
1 700.19 Waiver of righ. ,
No rental luacement V
tilt tenant Waives his rl:
aiwt,, of this chapter.
find void.
(Added by St:ltx.1978, C.
18.)
Astlrlsks • • • Inllfoatc
j
r
the nee of the serviec`t and
iy S;ats.1978, v. 10:13, p.
ilchome Bark under a rental
Irpo,e other than the rental,
site= to accommodati: mobile-
r moy affect an entire park
t is not lhnited do, a change
h, stork cooperative, planned
spaces within the park me
:JIEN•T
parable monthly ebarges for
J1r P' _' f 1• ..
and contain, In addition
(tied, allot the following.
:1• of the ni nnagement to pro -
ion facilities lit good working
e provided the tenant during
ovtdttl at thclimc the rental
for the term of-tenaucy and
11 mcet and consult with the
'Ing matters:
nts In the'Park.
limed. or physical Improve -
or additions by amendment
CIVIL CODE § �i%��•��
The provision shall provide that nay meeting shall be conducted only after notice
thereof has bean given to nil temmds 10 days or more Wore the Meeting,
(it) All other provisions governing the (eam"•_.
(Added by Stats,1976, C. 1031, p. —, R ]. Anmmded by 1,stats,1978, c. 1033, P. --,
14.)
1978 Amendment. ])rleted a reaulrenient Derivation: Former ; 789.5c, added by
that the man•isenient furui-h the pro•ivec- Slnt:•.1977, c. SL, p• 1•
tive tenant with the rental us:recmu+t prior Former 1 739.7. adde by Stats.1075, C,
to lho creation or relleWAI of the tenancy: 1092. P. 2660. ; 3.5.
relettured former subiN. (a) throul:h (it) to Librory References
subds. (d) throogh (g): apt nddcd subds'
i
J dord all,t�t
(a). b), cand (It).Llorcnndlsn; 166 et cc4:
798.16 Inclusion of other provision),
The rental agreement may Include • • • such other provisions permitted by
law.
(Added by.Stats.1978, c. 1031, P• —, $ 1.. Amended by Stats,1078, c. 1033. P••---,
§ Section 30 of Stats.1978, C. 1033, p• --. berivation: Former 1 789.9, added by
provides: I tats.l972, c. 1M1, V•�7529 2. amended by
Section 10.6 of this act shall become ep- StatM975, C. 146. P. •S0, ( Sints.1976, c.
eralivo only it .tasellibly )till No. 2753 t38. P• 11U. ; I: Stnlx.1977, e. 736, P. ;
iStats.1978, C. 3901 is enacted And becomes 1.
effective January 1. 1979, and this bill Is •Libraryy References
chaptered last." landlord and Tenant �s182.
1p78 Amendment. Omitted all nuthoriza- C.M. landlord and Tenant ; 466 of seq.
lion to Include the ruled and roculatiotn of
the park.
1 798.17 Repealed by Stats.1978, c. 1033, p. —,3 6
The repealed section• added by Sla".1978. • of more than 60 days. The repealed section
a 1031. P. ; 1, specified that tine rental tttis derlred fro:R fermor ; 759.5, added by
agreement could provide tha'. It lonaacy Statx,19G9, c. 151)0. P• 30G9. ; 1, amended by
might bo (011Wmtted by the mauuaement Stats.1971, c. 6i9. p. 1293, t 1: Stats.1973. e.
mobil noticoromt a tenant
tpark tto tin period 3" P• 773. ; 1; Stals.1975, C. 1092, p• 2658, .
5 708.18 'Request for written rental agreement; comparable monthly charges for
one year as for w3nth•t0-month tcnvnoy,
A tenant shall he given n denial ugrecincnt for -mmcll term it he_mny requc:•t, not to
excOed 12 months, or such kml;er period nr We m;tlm;lenleat may aP:trotc,
No such a;,reemleat shall contain tiny terms or colld111nus with rcapect to charges
for rout, alUitics, or incid lily" reasauab;r serAce charggca which would be
ferent during the first 13 mouths of the agreement Irma the corresponding terms
or conditions which tvoaltl be uffertvl to the prospective tenant or tenant on a month-
to•month basis.
(Added by St:nts.197„ c. ]0.p, p, S 1• Amended by Shds.1973 C. ]0.L,
P. —,
12: Sthts.]97S, c. MLI, p. $ 7.5.)
Amendment of this accllou LY 1 7 of 1978 Amendments. RbwrotO the section.
Slats.1978, c. 1u33, p. —. failed to t 0 of. tvhlch. as added, read:
f feet under the terms of 131 of that act- A lettant n hure tenancy In suhJect to ,
Section 3 of Slats.107S. c. 103.. It. torndnatbn, under Article 6 Scomniencinn:
provided; ullh Neetlon 79R.54) of this r +anMa may
Section 2 of tills net shall beronle opera- rr+ ucst that I,I3 teuaucy be ruvcrncd by n
• tive only If Srnato tall No..C1J (RUtlx.l`J7R, wi�ltea n.l,tal ngn•+mumt if such n rc-
C. 10311 of the 1977-79 Rewil•tr Sesxlon Is que.it Is utade• the utnuai;cnteut sludl hir•
onaett`t and adds Kretlon 798,IR to Iho ('Ivll akin the truant Witt a written reutat
Cale lRecllou 79S.IR wax so addrdl, In ngroenn•nt for a lean of not lMl than 13
which case ; eclloa 1 of thin act shnil not nailer{ afloat Formic ; 7S9.H, added by
become operative." Stats.1977, C. St. P. ! 1•
1798.19 Waiver of rights: public Policy
No rental agnruleat for it niiohllohome • • • shrll captain it Provision by Willett
the lemant wishes his rights under the provisionv of • • • At ticlea 1 to $, NOW
slvc, of this chapter. Ally such waiver sliidl Ill' dAT11101 contrary to public policy
and Vold.
(Added by tiWts.1918, c• ill:ill P. i 1. Amended by Stuts,11178, C. 10M. P. —,
Asterisks • • • indicate deletions by annondn)ont
i
N
0
§ 793.19 CIVIL r.Onr. 1
1978 Antendment. Deh•Iwl n qun11(Icntlon Derivation: Fanner 1 789.5, added by
tint I11.1 suddlrhuutC 1 or it lype that re- Slalt1.1910, C. l.:Vu, p. 3110. 1 1, ntluyndrvl by
1InIrCn a Pcrurlt lu N. luov,•,1 npnu n lilted : lain. 1971. C. 1, 19, p. 12,a1. � 1; SIn18.1373. E•.
or hb:htvny; ur,Crlyd ,1r1f•ylrl 1 In N. In- 3.d, p. 77a. 11: : tnin.l97,, r,. I092, p. 2G3A,
clualvn'•• and del, led :in ,•xce.ptlun (or
79A.19. 728.75, 798.65 nud 7DIAG.
S 708.20 Discrimination
bfeinb ership in any private chlb or orgnutzatlon which is it condition for tennney
fit n park Atall not be denied on No basis of ruse, color, religion, teex, natioltnl
origin, ancestry, or imirital shttu:,.
(Added by Stats,1O78, c. 1031, p. -, S 1.)
Derivation: Former 1 739.7c, ndded by
Stats.1975, e. 1092. p. 2660, 13.5.
A'
See.
7O3.30 Notice of rent 1.
79,101 Authorised fees,
7O'4.'rd Charge for m ilia
M.33 lrels.
798.3.1 Guests.
M15 \aulber of limit,
708.36 Rule enfoetzuter
7OS.37 F.ittry, installatt
708.38 Utility meter se
Article '
S 790.3O Notico'of rent
The management shy"j
at ienst GO days before tl l
(Added by St-tC1973, e. j
Dcrivatlon: Sonner 1
Stats.1072, C..1001. P. 1520
Stats.1975, c. 116. P. 28J, .
3 798.31 Authorized fee
A tenant sball not W,
reasonable cbrirgcs for s
(Added by Statts.1O73, c,
Derivation: Former I
Stats.1075. C. 1032,•p. 2660, 1
S :a6.32 Charge forum
A tenmtt shnW ilot be
113ted'lu the rental agl,
the management, :t le:
(Added by Stats.1078, of
Derivation: romer '
Stats.1971, e, I(PA. p, 1%2
Stats.1915, C.
10?2, P. 266e 1
Law Review Commentat, I
Legisiative review. (1.;
597.
Index to I
In general 1
Compensation 4
Injunetlon 65 •{
Purpose 2 j
Services 3
,Validity F4
.3j.
iForm1
Validity
7A3.A prehlb
pCark owners from rec4ly
r fees unks,.t they port, j
nectlon with sale or its
does not d,prh, m0,11e
of valuably pro .hrtY r
coinvensatto K,•l•:e
( Forintr I - .% nrddl,
transfer chards by mar
home park nr rondltiw
home Pf fnana„..n.rnt p
` In connection with ra:
i I mobtle host, parx qan•
too unless th•:Y p^r(•491a
Is not unconatttution.dly
182
1
ARTICLE 3. RULES AND REGULATIONS
See.
7O8.25 Amendments; time; colsett of tennnt; notice.
79826 Might of entry by ownership oi• matingentent; consent; revocation. '
Article 3 teas added by Stals.1978, c. 1031, p.
1 790.25 Amendments; time; consent of tenant; notice '
A rulo or regu)ntion of the park may be nmendeil at any tine with the consent
of a tenant, or without its consent upon 'written node: to hint of not loss thmt SIX
months, except for regulations applicable to recreational facilities which may be
amended without his consent upon 'written notice to him of not Icss than 60 days.
Written notice to a new tennnt, whose tenancy commences within the required period
of notice, of u proposed amendment shall cunstit to compliance with this section
where the written notice is given to him before the incepCon of his teuaney.
(Added by Stats•1O78, c. 1033, p. -, S 1O.)
Former 1 738.25, added by Stats.1978, c. Stnts.1975, c. 148. P. 20, 2; Stat3.1976, c.
1031. p• -, 1 1, provldh:C for the furnlxb- 438. D. 1144, 1 1; S'Ats.191 7, C. 736, P. 1
in of Durk miles and regulations and specl- 1.
fled lanes, wns repealed by Stats.1078, c.
2033, D• -y 1 9. rho repenle,l section teas Llbrary References
derived from former t 739.9, added by States 0=88.
Stats.1972, c. 1001, P. 1829, 1 2, amended by W.S. States 1147.
S 798.26 Right of entry by ownership or management; consent; revocation
(a) Except as provided III subdivislou (l)), and notwitk4tandiug any other provision
of law to the contrary, tho ownership or management of a Park, subdivislon, 6op0ra-
(rve, or condominium for inobilehomes shall have no right of entry to a mobilahoale
without the prior written consent of the occupant. Such consopt may be revoked lit
writing by the occupant at any time. The ownership or m nagengnt Shull have a
right of entry upon the land upon which a nobilehonic Is situated for maintenance
of utilities and protection of the ntobilehome park, subdivision, cooperative, or con-
domdnlap, at uny reasonable time, but not In a nnanner or at a time which would
Interfere with the occupant's quiet enjoyment.
(b) The ownership or nuuutgement of a park, subdiwisdon, cooperative, or con-
dominium for'mobilelionies cony enter n nwbllchoine without the prior written con-
vent of the occupant in case of in emergency or when the occupant has abandoned
the nlobllchome.
(Former:y S 759.16, lidded by Stnts•1O78, c..196. p. -, S 1. Renumbered 1708.20 and
amended by St:lt,0978, C. 1031, p• -, S 1O.5.)
Library References • . .
Landlord uml Tenant Ga132(1 to 3).
C.I.S. landlord and Tenant 11 319, U0.
M
r
Fanner f 789.5, added LY
. 1'r�1, p. Sht9, 1 1, rim kal, by
I''•:�jt tiv 1975, Ic. 1 I y.. 21:58:
;h is a condition for tenancy
color, religion, sex, national
GA9'IONS '
•consent; revocation.
11, P. 11.
at
it any tine with the consent
2 to hlnsof not less than six
oral facilities which may be.
Alto of not less than GO days.
x:; within the required porlod•
eoinpllaute with this section
ptlon of his tenancy,
149, pp 290. 1 2; Stats.1976, c.
f 1; Stits.1977, c. 736, P. ;
1•
'trences '
;.t
ss f 147.
content; revocation t
,handing any other provisl7n
'a park, subdivision, coapera•
•ht of entry to it moblielionie
!h cotwent cony ire revolted It
-or nlanngenlent shall have a
I Is situated for mahiteunnce
division, cooperative, or con-
y or at a thno which would
tvlslon, cooperative, or con-
Ithout the prior written can -
the occupant lairs abaadnued
1. 'llenurahered 1798.26 and
1i I,
CIVII. CODE § 7918.32
AR'1'ICf,F. 4. I•'1•E8 AND CIIAROF.S
Sec,
793,30 Nutite of rent Increase.
7NM Authorized fees.
798.32 Charge for unlisted services; notice.
793.3.3 Pets.
798.34 Oacsts.
70,9M) Number of Immediate family meinbcrs.
798.36 Role enforcement.
708.37 Entry, Installation of hookup fete; hmdscaping and mnintetsance charges.
798.38 Utility meter service, 'billing; rate schedule.
Article d teas added by 8W M.1978, C.1031, P.
1798.30 Notico of rent increase
The management sbatl give, a tenant written notice of tiny increase In his rent
at least CO clays before the liate of the Increase. -
(Added by Sttlts.197S, e. 1(131, 11• --, 1 1.)
Derivation: Former 1 789.9. Added by 438. p. 1144. 4 1; Slats.1977, c.1136, P. =. 1
Stata.1972, c. 1001. p. M19. ; 2, amended by 1.
Stats.1975, c. 146. V. 280. 1 2: Sltl3.1076, C. Library References
States e�88.
C.J.S. Smlc3 1 147.
4 798.31 Authorized fees
A tenant shall not be charged a fee for other than rent, utilities, and Incidental
reasonable charges for services actually rendered.
(Added by Slals.1978, C. 1031, p. -, 11.) ,
Deriveitiostats.l9 5,c. 10 2, p. 266V f 3 5� added by
�
1 798.32 Charliq for unlisted services; notice •.
A tenant sbnll not be charged a fee fo.scrvltes actually rendered which nre not
listed in the rental agreement unless he has been given written notice thereof by
the maungenicut, at least GO clays before Imposition of the charge.
(Added by Stats.1978, C. 3031, 1). 1 1•)
Derlvrtton: Fortner ; 759.6. Added by 1. In general
Stats.1972, c. tool. 1,. 1829, ; 1, amended by roriner'; 739.8 prohibiting All entry and
Stats.1975, c. 100-, p. 26co. ¢ 4. transfer charges As condition of sale of mo-
Law Review Commentaries bile home by rnurvirenlent of mobile Itoalo
park It manmement performs no service in
Legislative review. (1973) 4 racifle J. connection with tale applies to brokers:
597. furthermore, this section Is violated by pay-
Ing of such fees %,,lien nine:.Fement per
•
forms no service In connection wall sale
Indas to 17oles and when management refuses to allitrovo
now tenant until fee is paid, slno:, it 19 no
In general 1 leas C.Adlttatl of truancy just because, brdk-
Compensation 4 er osteastbly v3YA tee, fnatendof tenant.
Evidence G Peoplo v . liel linck Co. (1975) 120 Calatptr.
j injunction 5 606, 53 C.A.3d 621.
Purpose 1 Any transfer or *clling fee Imposed An a
Servlcas 3 con(lalml of naiii of a moblieliomc wilhln a
dItY ii mobllehonto park Is taobihited unlrs.• the
VIiII
, vatk malin6'Cment rind the hark ownership
f e, service In the ante of Ilia
per orrm
ms •u
mobllehome. Op.1.vg.COunscl, 1374 A.J. 02.
789.E .prohlbithir mobile hems
2. Purpose
from recelvlui: entry or treats-
rurpono of former 0 769.7 and 792.8
os they lierforul rrrvl••o Ili con-
i PA')(,I,c� rJc of mobile ham't
,roldbuilir mobile part operator from
la other tha
ch•uRIn1. any Ices to lenc•an
,rlvc h ahlhi home park owners
pt,mc•ry rls:lit %ithout 3114t
charges fair real. utilltlea o' Incidental serv-
Ir,a. valid prohlbllhn: nil entry avail transfer
it. l eoplr v. M4.1 Mack Co,
1.1tptr Gob. 53 C.-t•Td 621.
Charlws. by maangcnwat it, C011111'9ua of
letinacy wnv lu strictly Ilullt llalillitY of
789.rt pruhihltlnl: nil entry Avail
rgen by at•umla•ulrnt M mublto
kart: innnatiminent to collect furs tram Any
source, cscept cur serrlcra perfanned. 1'u,•
as con-itt p of ludo of kilobilwrvico
aag••nu•Itl no oertiCA
ph, v. Mi•1 Mack Co. (1075) 12G Cttl.ltplr.
10rfortar
ill Into cl(rom p-volvils
405. 53 C.A.3d GA.
allh
e pole mniera Quint and think
tour
tat
3. Services
'
allWIL
transfer t by ittnann
lUllonnllytvague.lt Ill'wd
andll
chuiuca eIRr of
183 ,
1
,:"
t
t
i
f
§ 7.03.32 civil, cony;
urlddla Loan Park tin rondlllon of •.Ua of eelvinl; eutty nr trunfvr fi•es Wnlesa they
nn,blle Luau• If tlwnno."awa1 p••I f,n am wo prrinr tit Irrvbc Ito 'Fenn. rn but e•Ilh evile or
rrrvic" fit connection %vnh I. Ur, loan r, .dr• tit uurblir Loan•• had fit, Ilr:hl to eon•
servile-)'• "]till ly low Iho•.• 1, %Ices I111; to ualalt• bow nW.1 ivru:ns•r of prvlhtt-
whlch tiro not onlhtarily or nmediv u•n- {Wiry hI)mlrtlon ntdharired by Walnlu pVe-
drred, People, v, ptei %lack (,*it. (1915) 1.G vcn(Int; lholn ❑uuI lolul; set %%an Uroper.
Cal.ltplr. Gt % 53 C.A.3d u21. 0"11.141 v, llrl Motel( Co. (1975) 126 Coi,Itidl'.
4. Compensation G0.5. 63 C.A.3d W11.
It nubile home, park owners could eslnb. 6. Evidence
)IsII at trial that they p,•rlonnrd valuable VvIdence wits sufficient. In netlon t0 on -
services tit brokeeV• within meanlal- of John ousels 0w ( ohile finnan •ells from Col.
former i 7LA8 prohibiting mobile hoato pork Icrlhtg f,•o ehargo-d brekvro lrr(ore allowing
owners from receiving entry or transfer bnyein to move IWto perk• to support flood -
fee tittles.,& thpy perform servirts in eon- Ing that no sp••chl : rvI(,,n acme perforulcd
nectinn with silo or rcwle of notbilo limao, by m'mer•etm•nt In • Iu ow*ja w•Ilh tiny
then they would he entitled to contp¢nWallon rule or relate of mobile home. %vhere scrv-
from such brokers. People v. ?Ill Mack Ices perfolnacd when brokers were Involved
Co. (1975) 12G Cil.Itptr. GO, G3 C.A.3d 611. w• IC $.toe as those It could have provided
S. In!tinetlon It no broker were Involved. People v. Mel
Mack Co. (1075) 126 Catitptr. 605, G3 C.A.3d
Mobile park hotne owners• having violat- 621.
ed former 1 732.8 prohibiting them tram re-
1798.33 Pets
Al tenant shall not be charged a fce for keeping: a pet In the park unless the Inan-
a ement actually provides speehat facilitles or service,; for pets. If special pet fn-
'Filtles are maintained by the mnua(,wnient, the fee charged shall reasonably relate to
the cost of maintenance of the facilities or Services and the number of • • • pets
kept lit the park.
(Added by Stats.1978, c. 1031, p. 1 1. Amended by Stats.IMS, c. 1033, p. -,
1278 Amendment. Substituted In the sec- Derivation: Fortner 1 789.7. added by
and sentence 'bets kept in the park" for Stals.1975, c. 1022. p• 2GG9. 13.5.,
. "tenants owning pets'. '
.179034 Guests
A tenant shall not be charged a fee for a guest who does not stay with him for
more than a total of 14 days in any calendar month. Such a guest trill pot be ra
quired to register with the mnnagement.
(Added bs, Stats.1973, C. 3031, P. -, § 1.)
Derivation: Former 1 733.7. added by Former 798.7a, added by Stats.497S, c.
Stats.1975, c. 1032, P. 2660. 13.5. 1092. p. 2G65, 1 2.5.
1798.35 Number of Immediate family members
A tenant shall not be charged a fee based on the number of members In his !m-
medlaw family. As used In this section, the "'innned)ate family" includes the ton -
auto his spouse, and their children.
(Added by Stats 1078, c. 1031, p. -,
Sots 1915 oc 109 .n y 260. 173 5.7. added by
1798.36 Rule enforcement
A tenant shall not be charged a fee for the enforcement of any of the roles and
regulations of the park,
(Added by Stats.1978, C. 1031, p.
Derivation: Vernier 1 757.7, added by
Stats.1975, c. IOU. p. 2600. 1 3.5.
1 798.37 Entry, Installation or (lookup fees; landscaping and malnteaanc6 charges
A tenant shall not be charged a fee for entry, hnstallatloa, hookup, or land-
scaping as a condition of, tenancy, but re:tgonable htfidscaping and maintenance
requirements niny be included la the park rules and regulations.
(Added by Stats.1978, c. 1031, p. --, § 1.)
Derivation: Fonncr 1 M.S. added, by
Stats.1012, c, 10ul, to. 1920. } 1, untended by '
Stats.1973• c. 1032, p. 2660, 14.
• Underline Indicates changes or additions by amendment
184
§ 7911.33 Utility meter <prvlr
11'herp the Imangenh•II Ion
lh-c III a tcn:ull, for rant
sh;di lot( separately slated al,
The in:urrl;ruaent shall pea
th•s lair: rhedide as pablhht
(Added by C. 10:1
Derivation: Former } 759.7
stals.l:GS. C. 1092. p• 2G A"I 3,
stats.1B76, c. 923, p• 210), 12. '
ART '
See.
70S.50 Use of conunanity fit
798.i'Il tepealed.
Article 5 icc
17915.50 Use of community
The ninnagement shall I
houe fit the par).;;dr.auy o
to be held in tiny of the 11"
at it reasonable hour and e .
(Added by A'talts.10is, c. 10:
Derivation: Former §¢ 78'
Statsta% . C. I500, P. od t. 1
Stats.1971, C. 60, p. U13. t:
1.
351, p. 773. § 1; Suits.1371. c
3 "
1 798.51 Repealed by Stat
The iepcalod sectlo.W, adde,
c. 1031, p. - } 1, pro%ideti
slons o! articio 5 uptdlsu oni
home or trailer coach that r'
felt to bo moved on a 3treI I;
A;:TICI"1
Sec.
798.55 Protection (roil a• 1
rents, reasons '
703.50 Authorized reasotr-
W4.57 Statement of rcff '
79S.fi3 Terniluntl011 to If,,
prolniblted. `
705.50 Notice by'tenant;;
70S.60 Application of oil:
703.01 Repealed.
Article 6 o
1 798.55 Protection from,
to renew; re
(if) The Le iOnture,, fit' a
ntnhilehomes tho p4itent
Intiug to till! Installation
tion, It is ncct;(vnp tin
parks be providw) %vita
afforded by the ploci�lrr
i
Asterisks' to • • Indicate
L
J
•
CIVIL CODE § 79 8.55
entry or trnn•fcr fees w"css they
§ 798.38 Utility meter service; billing; rate schedule,
s'.vPoo In conuulnon wish w%lu or
f tnabue honw. ha,1 no tight to con.
Where the mnuagument provides both inaster incler ani submeter service of utill-
.;�aa: law an,t I-ttiance of vrtlhn-
1iW.eaun authoriiod by ;,tntuto prc-
ll•s to a tcnnut, for each billing period the cost oL the charges for the period
thtin from dultitr 16 ttas proper.
shall be Nepnrately stated i long with the opening and closing; icadings far Ills meter.
;. 1 ±i Mack Co. (1775) 126 Cni.lhur•
621.
The man;ahenient sh:dl poRt in a conspicuous place, the prevailing residential utili-
fence
fence
tics rate schedule ag publlOied by the aorving utility.
nee was sufficient. In netlon to en -
(Added by Stnls.197S, e. ]0:11, p,
nets of moblio honin parka front col-
fee charW brol:, rs before oltowtng �
Derivation: Former 1 789.71), added by
StaW975, c, 1002. D• 2Gb0. 13, amended by
to move into rinik. to support find-
t no r;teclal services were perfonucd i
Stals.197d, c. 923, P• 2109. 1 2.
3agemont in connection with any
resale of mobile home, where, serv-
•forrnW when brohers were Involved
gene as those It would bavo Provided
ARTICLE 5. TENANT MEETINGS
rokeir-were Involved. People v. 3Tel
- See. '
o. (1975) 126 Cal.liptr. 505, 53 C..1.3d
79S.50 Uhe of community or recreation halls.
708.51 Repealed.
Artiele 5 leas addcd by Stals.1918, c.1031, P. —, § 1.
,sit pet in the park unless the nine•
'
rvices for pets. If special pet fa-
§ 798.50 Use of community or recreation halls
tcharged shall reaannably relate to
The mmingement shall permit meetings by tenants or occupants of a IOobile-
i and the number of • • • pets
licme in the ]lark, or any or sill of them, relating to'mobflelionic living and Wilts
to be held in tiny of the park colmnunity or recreation halls If the meeting is held
led by Stats.1978, c. 1033, p. —,
at a reasonable hour and when the facility is not'othertcise in use.
(Added by Stats.1978, c. 1031, p. —, § 1.)
ration: Former 1 789.7. added by
Derivation: Former 1 789.5. added by Library Referenets
c.1072, P. 260, 3.5.
states
StaStats.1r71. 1. ,Stat at1973 nc
c. G49,djn 1203�•1 C S. StAtc3•1 147.
351. 773. 1 1; Stats.19755, 1022. 2658,
D. c. D• ,
1 1.
if rho does not stay with him f,;r
3 7S8.51 • Repealed by Stats.1978, c. 1033, p. -=, § 12
tnth. Such a guest will not be re-
The•re1•ealed auction, added by Stat-0978, The repealed section was dcrh id from.
'
e. 1031, 1 1, Drovltled flint the Provi- former 1 789.5. added by Stats.196., c. 1500.
..
%—,
dons of article 5 applied only to a bile. I). 30,9, 11, amended by Stals.1971, c. GO.
home ttitiler Stats.1973. 351, 773, 1 1;
xr 798,7a, added by Stats.1975, C.
or coach tlint respiredmoa per. P, 1293, 3 1; c. D.
mlt'to be moved on a atrcct or highway. Stats.1975, e.. 109-, P. 2658.11.
ARTICLE 0, TEnMINATION Or, T1INANCY
,tile inunber of members Ia his fill-
See. -
.maiediate family" Includes the ten-
79&5,, rrotectlon from netunl or constructive eviction; termination or refusal to
renew; reasons; notice; time,
798::0 Authorized reasons for termination.
•
708.57 Statement of ccnizons lit notice.
79458 Ternihmtlon to mnko apace for Uuyer of mobile home from park owner
prohibited.
forcemeat of any of the rules and
70,&Z9 Notice by tenant; tlmc.
798.60 Application of other laws. ,
708.01 Ite)ic;aletl.
Article 0 teas added by Stats.1078, c,1031, p. —, § 1.
i
S 798.55 Protectlon front actual or constructive eviction; termination or refusal
itetping and maintenance charges
to renew; reasons; notice; tittle
ry, Installation, hooL•up, or land-
(it) Tho IA-gislattire fiad-4 and dvelams that, becauc0 of tbo i igli cost or moving
brc )andccnping and livalitelutuce
]nobllehunu:a, the polculial for brain age remiltinr; lhorefioui, tit(-rrgairouit,10 re -
regulations.
Intilig to the lust;dlatlou oLutobib•hoineg. nut flit- co,,t of hmdncalang or lot piepnru-
tion, It Is nevesraxy Ih:a the nwnei:v of mobilt•howcs oa•cupicdit•ithin 1111111114•hOme
parks lit- provided with the unhine protcctiun from nettial or onvOructive evlctiial
afforded by (lit, provisiteg of this ch;apler.
•1nge1 ei additions by amendment
Asterisks • • • Indicate deletions by afnontimont
185
,•
0
t
i
§ 78•55
CIVIL. CQU::
Ib) file m:ulnl;ent-ut s11n11 not, h ulloale or mfine to renw a lenaucy, except for
It rtansou 1perifird In Illis nrlirlt- null, upon the s:Islal of written notice to the ten:uut
19) The Inaun"Cillent );
In tilt- nl:unu•r presellbed by Section III:,^, of tilt- Code of civil ►lroccdure, to rt•mtivt-
prtqusvd cb:ul t•
the atobilehmne trout lilt- park whim it period of not le" data GQ days, which period
the loyal go%ernment ho I
1
shall ill- specified In tilt- notice.
vided, howmer, dolt uu n
1
(Added by Sl:ds.l:)7i, C. 111:51, p. --, § 1. Amended by Stats.1919, C. l9$3, p, -=,
for n chants afire Ualj
§ 13; St:ds.1979, e. •19:1, Is, --, § 1.)
tallied :suit the 12'•monlh
AvIdIcation of section, see 1708.61. Iudox to, Notes
Change of use of the park, notice specl-
cite specifG�I In Strtop
fled lhl4 section to bo gA•eir after sarwo In general 1
of 12at(h penal turd after irguin:d per- Notice 2
If the ellango of use r+ '
t
it
Illitx hInv.) b"ll bbtall)t•11. xeo 1793.56. 1. In general
FCrcIblefle entry and tic-
!Seen ll uunahs or tUauy,
Whrle, In unlnwful detainer action
Lion. sal 1 723.60.•
clots, affect of thl.l srcllon, sco 1 795.60, brouglit by mobile honle Inndlor(1r against
•
use will accnr, 'f_he
1078 Amendment. Deleted a qualifying 'epic ell axf:lydnonpaefense fictttha rent, t tenants
phra.c wlddt made tlo xrrtfon appllcnblo lords had
the nature of the chaug
to tenatlClC7 Created oil a111 after dlarch 4, ))gt congHlcd with 6uelt notice
1912 and Included refusals tc renew a ten- of thl•1 :,"tlon and they prevallml on that
(1) The Imllingellheat
atncy, contention, defense In such action aroso
thereof prior to the IZJ
•�
front such section and thus tenants should
7979 Amendment. Incited as
(a) and have been awarded attorney fees pursuant
designated former provisions
change of use befetY! lot^i
v
H
as subd, Ib)• to 1 793.85. 11ahnor v. Auct, (1978) 150 Cal,
Section 2 of Stats.l979, C. 702. provided: 1tp:r. Ell, S7 C.A.3d 377.
'
been
UC
CtI granted.
i
f
"Thu•, nniendlnvnt of thlx section made it 2. Notice
the 1979-80 Regular Sesslon of the Legisla. The 60•d.ly notice provision In thl-i sec -
cure does not constitute tion
The r uirct(
_
a change in, but Is %Yas intended by legislature to exelu-
declaratory of, e\lstlnl; tall:" slvely apply to prow-edfngs for termination
55, 7118.56, and 793.57"shaD
Of mobile home tt,nancie•i for ))nnpnymedt
Oerivatfon: Former 1 789.5, added by of rent, and the three-day notice (or ob-
Stats.I9G9, c. 1500,•p. 3069. 1 1, amended by tnining possession of real outlined
(5) A notice of n props
eonforlus to the
4
proper!y
Stills 1071. c. 640, p. 1293, 6 l: Statx,1973, e. In C.C.Y. 1 1161 was not applicable for ter-
P. 773, 1 1; Stats.1975, c. 1092, 2655,
regaire
=-i
V. mination of mobile home tesiancles. Pal-
361.
Rents fora notlt'e 0[ a 1
A d 377 sec (1978) 150 Cal.ltptr. 811, ST C.
only apply to git
ix
3 790-66 Authorized reasons for termination
;notice.;
(Added'by Stats.191, c.,
1 ;
A tennney shall be terininated by the ntanagenient only for' one or more of the
§ 14; Stats.1979, e, 915 pl
71
fO1101Viug reasons:
ADpucatton a; sectton, r.I
Forclbin entry and unw,
i
(a) Fallpre of the tenant to oonlply with a :dent ordinance or state lacy or regula-
Lions, effecbof tills section, `
1978 Amendment. 1)ele,
Lion relating to Inobilehomes within a reasonable time After the tennut receives a
qa ragraph pursuant to -
lowln:, ' mana•ement";
notice of noncompliance front the appropriate governmental agency:
,n(
par. (c) "at the Inception, :
R
(b) Conduct by tile tenant, upon the parl; premises, Which constitutes a substan-
following "rental aSm inij
listed therein
tlal ennoyabCe to other tenants,
pr6vlsbns rel
and notice concerning at
(1
(c) Failure of the tellant to comply with a reasonable rule or regulation of the
serted subpar. (OU) and ,
sions of subpar. (f)(1) appr
l
park w, set forth In the rental agrec)ncnt or any mucudulcut thereto,
but not proposed teraats; ,
•
No net or omission of the tenant shill Constitute such it failure to comt ly unless
citation to 1 791.5o In the s
1979 Ametldments. Add,
alit until the nano •emcrt has given the tenant written node- of the alleged rule or
of sub d. (it) beginning wII •
Ilia fir.t sentence.- Insert
i
regulation violation and the tcnrort has fulled to adhere to the rote or regulationor
,
any portion thercisi" '
rvttlllul seven days.
and to the o n
1
(d) Nonpayment of lent, utility charges, or reasonable incidental servIce charges_
Lacing to totter, to tenants!
g no t Ants
iy r¢qutman red agement tut
provided, that the tell:ult shall be given .1 tbme•dily written notice to pay the
written notice of the pro
}
amount clue or to vacate the teuaucy. 'Tile three-day written notice shall be „hen
i Statement of '
to tile tenant ill (he manner prescribed by Section l ltf2 of the Code of Civil 1'roce-
The
Tbc managcnhent shall ;
l
dam. Such notice may be )riven tit tht:_sanhe time a: ciao hO data' notice required
for the terrain:pion will
witnes-es,_nnd eircutust.1
for termination of the teluulcy. Payment br the tenant prior to tilt-, e>piration of
tion number or a snb(114
The thee, -clay notice period shall cure :t default under this subdivision with re:,t)ect
will coustltutecompliant: 1
to Intel' payulelit. The leu:mt shidt rewain liable for all lwyllsent< due up until the
(Added by Slats.1918' c. /
. tittle thl`•temUlCy )S vacated'
_
Application of section. s
' (e) Condemnation of tilt) park.
Forcible entry and unto
dons, effect of tit., section
K (f) Change of use of the park or any portion thereof, provided:
Derivation: Former i
Stats.1969, c. 1500. p. 3062,
(1) Tito man:u emout s:h'es the teu:ults ;it least lu- days, written notice 111:It the
mnuagement will 1)o befo
appearing re a local governmental board, tvmuuis,sion, or
body to requtmt permits for .1 ch:unp a of nsc Of the 311ollilehowe park.
Underline Indicates changes or additions by amendment
186
Asterisks • • • Indlcat¢
t
f
fT
CIVIL CODE § 7M-5 7
o renew n tenancy, except for '
1f written notice to the tt'n;nit
(°) The management ;;Ives the tco:ullx 13 snfnit1W or ,anre written notice of the
of Civil Provedure, to remove`
prnpnspd r 111:1 1139tvncat bus made itsithll npplieation to
e y than 00 days, which period
the local government bonul, coaunisviou, urur lu) k u•que•ting a ehallgq of Il,-e. 11r .
vided. however, that no rglant shall IK• rt'totired to v:a:ate until all regifired permits
by Stat;.1078,.e. 7033, p. —,
for a change of ust leave horn ubLliucd. After all required la•rnifix livea been ob-
tained cold the I Wimnth or itp)n• per(ott spct•ifled iu the Ilvllee ha-4 el.•lpa•d. the 110•
Index to Notes
Use 1—welded In $ectiol i9S.;15 nuty be ghee.
t
If tic changem
of im! requites un local governmental (lernlits, then nolleL shall he
Val
gllell 12 Inontl1s Or inure prior IOIllalna;;ellll)llt ;s deiermilnatall that a change Of
In unlawful dctafrcr action
of r�,ont.n against
use will o(•cur. Tit(, tanangeuaylt iu ,hd notice slutii disclo,c laid describe !it detail
the stature of the ch:u» ;c of Ilse.
)rrronjmyrnenl
a defense fact that landlords had
led with 60•day nonce provision
and they provalicd ou'that
(3) The mall Igelileat g1M.3 CACh proposed tenant • • • written notice
16 defense in such action arose
.section and thus (enants should
thereof prior to the Inception of Ills tennncy (list the matingement is requesting it
l awarded attorney fees pursuant
,. Palmer
etinnge of use before local governmemal bodies or that A change of use request hay
v. Agee (1975) 150 Cal,
57 C.A.3d 377.
1)eCm granted.
_
day notice provision in this sec-
(4) The notice reggtrensents for termination of tenancy set forth In Sections 798:
intended by legislature to ecciu-
st to proceedings for tetmination
�icme tenancies for nonpayment
6'u, 708.56. and 79S.u7 shall be followed If the proposed chin a aetaall occurx
I P g p
and the three-day not.ce Inc ob-
(G) A notice of a proposed change of use [wen (:rise to Jnuu:n 1 1950, which
g y
aA5!lstnn of rent property outlined
} 1161 was not applicahW for ter -
_
conforms to the "Illreakents ill of -- of that title all;ill Ile valid.'1'ht: rCglllrC-
ments for a notice of a proposed Chang¢ of 11,4; hnpoaal by this subdiv)slou shall
of mobile home tenancies. ral-
tie (1.75) 150 Ca1.IIDtr. 541, 87 C.
only appl7�t0 notice. givch oil or after .January 1,
(Added by Stats.1978, c. 1031, p. —, y 1. Anleaded b)by Stats.1978, c. 1033, p, —,
tit only for one or more of the
f 14; Stnts.1979; c. N-), 1). —, s"=; Stnts.1979, C. 1183, p, —, g 1.5.)
'
Application of section, see } 79s.C1. months or more before the axis of the•, pro -
Forcible entry and md,LWAII (letniner ac- Posed .hange and to each proposed tonaut
trdinance or state I= or rogula-
.
tions, effect Of tills section. sco ; 79s.0. whoso tennncy will colninenc0 within 12
1978 Amendment. Deleted from the first
dllle after t11C iC)lant rCh'iw;S 8
months of tha Proposed change, written no-
form ,uph 'ptrrsuart to thls nrlfcle" lol- tice thercor prfor to the Inception of his
lowlu•'manat:cnlenv%
pnCntal agency.
deictrd from sub- tenancy.
Dar. (c) 'al the lncention of ilia tenancy Amendment of tills section L,r f 3 of
following "rental aercement'•
!fS which COIl3tllotC3 a 3a1>stan-
and alko de- Stats.1979. c. 915, p, —, tatted to become
leted therein provisions relatinn to cousont operat"vo under the terms of } 4 of that
enable rule or regulation of the
and notice concerning an;endments: fa- Act.
sorted subpar. (t(2) rind made the provi- Amendment of this section by } 1 of
alone of subpar. (()(1) nppiicable to tenants stats.1979• c. 1:55• p, —, idled to become
"tondrilent thereto.
but not propose tenants: and added the operative under the provisions of 14 of that
eltatlou tit <, 798.56 In tiro i.econd liaragntph. Act.
7'Rich A failure to comply im10&S
attCa notice Of the nllegeti title
1979 Amendments. Added the remainder Derivation: Fortner 4 759.5. added by
of subt). (d) beginning with the Proviso in Stats,19G9, b. 1590. p. 3069. } 1. anond,•d by
Or
adhere to the runt, or regulation
the first sentence; Inbertod In subd. (f) Stats.1971, c. CID. p. 1293. } 1: Stats,1973. C.
or any portion lhemOr• folio)ving ,park,, 351, P. 773, } 1; Stats.1975, c. 1012. p• 265S,
'
and iewrote tltn provlalous of suixi. (f) to- } I.
lating to notice to.teuants, which prvvioll- Library references
x1AU1C incidental service charges;
e S
ly lcquired inanat:ement to give the tellatag Stntcs.(aS4, r,
written notice of the proposed change 12 C.J.S. States 4 147.
e•day written notice to pay the
day writt(vt notice shall be given
f 793.57 Statement of reasons in notice c,;'•'
1162 of,the Code of (11vil Prose-
The ninnngement sh:dl set forill'hl a notice of terminalioil, the reason relied upon
r a+ the 69 day:: notivo required
for tilt, termination with flick to permit deterniloation of the tiate, place,
leuaut prior to the expiration of
witnesses, and cireantatalnces t'ollecrning that reason. \either refereute to idle sec
Linn number or a subdIvIs1oa thereof, nor a recital of the lnngmage of lhfs article
seer this suhdirlsion with n•epect
will constitute twmpliadce wide this section.
for All payulculs due up until the
(Added by Sta(s.1978, c. 10;11, p. —, g 1.)
Application of see(lon, sco 79S.G1. Stnts,1971. r. CID, p. 1293, } 1; Stnts.1973, c•,
Vorelhie entry and tlulawfll� ile(alner
no- 351. 1). 773. } 1; Slnti(,1915, c. ]092, p. 2GGtl,
tionn, Of feet of Lida "ctlon, lot o 1 79k.60. } 1.
awn. 'prorlded:
Derivation: hOnucr 1 769.6. ndded by ,
Stals 19GB, C. 1500, 1). 3069, } 1, auiclidcd by ,
10 doya'•Writ INI uotlee that the
••�
1;•' )..,,
�rernllit`nlal Ward, l'nill n6slun, or
' " •. s.
lnabilchonlepnl1:.
,(
An¢es or additions by amendment
Asterisks • • • Indicate deletions by amendment
187
i
f
§ 793•53 CIVIL CODE
5.798.58 Ternllnallon to mako space for buyer of mobllc home from park owner
prohibited
No tenancy shall he terminated for the ptirpnse.of making a teeth;s site available
for it person who purchased it nmbileholue froth the, owner of the park or Ills
agent
(Added by Stnts1978, e. 10:11, p,
Derlvatlon: Former § 789.6, abided by
Stats.1071, C. 1143, V. 2105, 11.
5 793.53 Notice by tenant; time
A tenant shall give written notice to the manngenlelit of not less than GO bays
before vaenthng,lils tenancy.
(Added by Slats.1978, e.,1031, p,
Derivation: Former 1 789.9, added by
Stats.1071, c. 1001. P. 132R 1 2, amended by
438. V. 1144, 1 1; Stats.1977, c. 736,
1.
•Stats.1975, c. 146, p, 280, § 2; Stats.197G, C.
,
S 790.60 Application of other laws
• • • The provisions of this article shalt not affect any rights or proceedings
set forth In Chapter •1 (cuumnel6lig with
Sceliuu 3159) of Title 3 of Part 3 of the
Code of Civil Procedure except as otherwise provided heroin.
(Added by Stats,197S, C. 1031, P. -, § 1.
Amended by 1ltats,1978, c. '1033, p. -,
25.)
1978 Amendment. Substituted "provi-
slons of this article" for Scetlons 795.55,
Derivation: Former § • 7a.5, added by
Stuts.1969, C. 1540, P. 2069, 3 1, amended by
798.56, and 79847" and 'provided hereto"
for "provided In those sections'•.
Stnts.1971, c. G49, p. 1293, 1 1- Stats,1973, C.
351 p, 773, 1 1; Stats.1975, c. 101, p. 2658.
J 798.GI • Repealed b; Stats.1978, c. 1033, p. -,; 16
The eddlticn of a 1 708.61 by Stats.1918.
C. 1035, P. -, § 5 was not operative under
or trailer coach that requires a permit to
be moved upon a street or hlghrray. The
the provisions of § 8 of that act. See note
repon1ed section was derlved from former §
under § 798.
The repealed section, added by Stats.1978,
789.5, added by Stats.1969, c. 1500, p. 3069, §
1, amended by Stats,1971. a 649. p. 1203. 11;
C. 1031. p. -, § I. pruvided that t1 70M5.
799.56, 798.57 applied only to a me ilchoine
Stitt3.1973. C. 331, p. 773, § 1: Stats.1975, c.
01092. p. 2653, 1 1.
ARTICLE 7. TRANSFER OF MOBILEIIOd1E
See.
T98.70 Advertising.
798.71 Listing or showing mobilchome by pnrk owner or manager; written au-
thorization.
798.72 Transfer or selling fee: request for service.
708.73 Removal upon sale to third patty: conditions.
708.74 Prior approval of purchaser; grounds for withholding Informing tonant.
70S.75 Sale or tr nsfcr of mnobllchoinc,to remain in park; required documents.
708.70 Purchaser; compllnuce with adult,; 8aly regulation.
703.77 Waiver of rights: public policy.
T03.78. ItlghL4 of heir or Jolut tenant of owner (New).
70330 Itcpossesslon of mubilchome; sale to third party (New).
Article 7 Iran added by Sints.1978, c.1031, p, -; 11.
1708.70 Advertising
A tenant may advertise the sale or exchange of his mobilehnnie or, It lint prohibited
by the terms of rut agreement with the nlduagefilent, nay :ndvcrtlse the rental of Ids
mobliehome • • • toy�dkplaying it %lan im tho window of the mobllchane stating
that the.n)ohptohmp -1•1 f•yt• •lie or c::cl::;a;;C or, if gut pwihibited, for rant by the
owner of the Inobilehnme or Ills agent The sign shall slate the nnme, address, and
Underline Indicates changes dr additions by nmendmont
• la8
telephone uumix r of the
12 Inchts lit width nutt 1
(Added by 1t.us.197ti, e.
1978 Amendment. Dele+ ,
►owlna: "rental of Id- r
suhstituted the phrase
slim In the whhlow of the
'tile advertising uhay inch
a sign In the window or-1
1798.71 Listing or she
'thorizatlon
The tunnngement shal '
training the owners wr
terms and-eoiii)16 ins reg
Nothing, In&I% Koh
Vehicle Code governing t
(Added by Stnh.197$ e.
Derivation: Former §
stats.1073, c. 785, p. 1404. t
9 798.72 Transfer or so ;
The management shot
fee its a condition `of a
ment performs a servlc,
service in connection w:
his agent.
(Added by Stats.1978, a
Derlvatlon: Former §
Stats.1972. c. 1001.:+. I3?3,
Stats.1075, c. 109?, p. 2660,
Library refereriees
Landlord ar•l Tenant <
W.S. Landlord and Ter
Index to N
In genernt 1
injunction 3
Purpose 2
1. -in general
Former 1 739.8 prohibit'
tranrfer charges as condit .
We home by•managuhnen
park If inaungcment verfc
connection with sale al,
furthermore, statute to t
of such fees when mannge
service In connection wit
management refuses to or
until fee la vald, since. It
tlon of tenancy just been,
1798.73 Removal upon
The management shnl'
1n•the event of Its sale
agreement. However, 17
the quality of the park
moved from the park wl, `
(a) It is less than 10
(b) It )s more than
after September 15. 1071
(c) The mobilebome i5
ftictured after Septemlx
Astarlsks • • • Indlcato
nobile home from park owner
Gaging, n tenants site available
he owner of the park or Ms
Gent of not IM than 60 days
i 1; �Stats.19T7, is. 73G, P. _�, I
feet any rights or proceedings
9) of Title 3 of Part 3 of the
lereln.
by Stats.1978, c. 1.033, p. -.
t: Former t 789.3. added by
;. 15t•0, P. 3662. 1. amended by
t I
649, pp
Sti1293. pp • Stnta1973. c.
f 1; ts.19i6, c. 3092, p. 2658.
aach thzt requires a permit to
''Mn it Greet or lit.-hway. -rite
Lion was derived front former 1
by atats.00. C. 1509. P. 3e69, ;
i1'Stats.1571, C. 619. P. 1293. ; 1;
1. D• S. J 1; Stats.1975, c.
•i 1.
2LEHOMB
►r or malinger; written au-
liholding Informing tenant.
ark; required documents.
Ion. -
ty (New);
1t P.
bllchome or, It lint prolilhited
ty advertise the reand of, his
w of the 1:lohllchanle Stating
prohibited, for tent by the
state the naafe. Address, and
or additions by rmondmont
Ittn
M
I --
CIVIL CODE § 798.73
telephone number of the owner of the utoblletionie or bin agent and may be at least
12 Inehts fit width and 13 Inches -In It•nglh.
(Added by Stats.1978, c. 10:11. p. -, 1. Amended by Stnts.1978, c. 1033, p. -,
¢ 17.)
1978 Amendment, Doloted a perio.t fol. Derivation: hormer t 759.10, added by
lowlni; "rental of his inoblirhome" and Stals.l973, a 785, p. 1461, § I, ronended by
aubf+tituted the phrase"by dl�:Waylnc it Stata,197.,. e. 146, p. 280, 4 3; Stats.1970. c.
sign fit the window of the mobn•honie" for 438. p. 1111, 12.
"the advertlaiag may Include lice dh.piny lit Library References
a sign In the window of the u,obllehoino". 51
0
tes
C.J.Q. States; 147.
9 798.71 Listing or showing mobllehome by park owner or manager; written au-
thorization
The management shall not show or list for sale a mobllchome without first ob-
taining the owner's written nuthorization, The authorization shall specify the
terms and conditions regarding the showing or listing,
Nothing lit this �ectiol shall he construed as affecting the provisions of the
Vehicle Code governing the licensing of mobilebome salesmen.
(Added by Stnts.1078, c. 3031, I).
Derivation: Former g 789.21. added by
Stata.1973, c. 785. p• 1401, 12.
1798.72 Transfer or selling fee; request for service
The management shall not charge a tenant or his agent a transfer or selling
fee as A condition of a sale of his inobltchomc within a park unless the manage-
ment performs a service in the solo. The manngonlent shall not perforin any such
service In connection with the sale unless so requested,'in writing, by the tenant or
his agent. '
(Added by Stats.1978, c. 3031, p.
Derivation: Former 4 789.8. added by slbly pays tee instead of tenant. People Y.
Stats.1072, c. 1001, p. 1829, 11, amended by Mot Mack Co. (1975) 120 CaUttitr. 505. 53
•Stats.1075, c. 3092, p,i660, 14. C.A.3d G21.
Library references 2. Purpose
Landlord and Tenant C=181 et seq. Purpose of former It 759.7, 789.E pro-
W.S. Landlord and Tenant f 4G2 et seq. hlbltinh mobllo D'trk operator from chars-
- Jag any tees to tenants other titan charges
for rent utlll0es or incident.--1 rervieo-i and
Index to Notes prohibiting adi entry and transfer charges
by management na condition or tenancy
In general 1 was to strictly limit liability of park man-
InJunt.tlon 3 arement to collect fees front any source ex -
Purpose 2 cegl for services Performed. People v. MelMack Co. (1975) 126 Cal.Ilptr. 505. 53 C.A.3d
$21.
1. In Central '3. Injunction
Former t 789.8 prohibiting all entry and Mobile park home owners. havinr vlolAt-
transfer charge+ as condition of rule of mo- ed former ; 789,5 Prohiblting limn from m-
bile home by nianngement of moblle battle ctiving entry or trantftr ices unless they
Dark If manurennent performs no rervlro In perforin scrclro In connection imlth solo or
connection with sale applies to brokers: renaie of mobllchome. had no rirht to con -
furthermore. statute Iv viol.tttd by paying time to vitiate late anti Issunoce of pre -
of such fees when management perfotuls ua liminary injunction authorized by statute
service In connection mtith sale and when preventhu; them from doing so wan Proper.
maparenimM
it refuseq to approve new tenant People v. cl Mack Co. (1973) 12G Cal.Itptr.
until (cc is pald, since, it is no leas condl• 503. 53 C.A.3d CL
tlon of tenancy Just because brol,er ostey-
4 793.73 Removal upon sale to third party; conditions
The mnnngement shall not inquire, (he removal of a mobilcholuc from the park
In the event of Its sale to a third party during the terra of the tenant's rental
agreement. Iloweter, 8t the event of a pale to it third party, In order to upgrade
the quality of the park, the management fumy require that a i nobileholue be re-
moved froifi the part: where: s
(n) It is less than 10 feel wide.
(b) It !s mom- (halt 20 year.,; old, or more than 23 ycnrs,old it manufactured
after September 15. 1971, and Is 20 Net wide or uuore;
(c) The mnbilehonic N more than 17 years old, or more than 25 years old If nfanu-
factured after Septeaibcr 15, 11171, and is less than 20 feet wide;
Asterisks • • • ladlcato deletions by amendment
189
a.:'
U
h
l
793.7c' Civil, CODE
(d) It•is lit rnudown condition or lit ill: -repair. Till, inown:vinent shall use reason-
able dhwre((oil is determining the condition of the nlobilehann• and Its accessory
structures,
(Added by Statrt,1978, e. 10:11, p. § 2.f
Addition of a 1 703.73 by 1 I. of Stnt4.1078, 705.73 was so added). In which cano Section
C. 101, p. . amended by %hrts.197b. c. I of tlds act. nod Necllon 793.73 nv added to
1033. 1 13. falled to take eifect under the the Glvll Code by S.•11.11C Itlll No. 2119, nh:dl
torins of 13 of Stntd.1978. c. JU L not bacons opotaliv.."
Section 3 of Stats.197d, c. 1034. p. Derivation: 1•'ornier 1 789.10, added by
provides: Slnls.1973, e. 7r9, p, Idol, 1 1, amended by
Section 798.73, as added to tile, Civil
:+tAt.4.1975. c. IIG, p• 280, 1 3; Slats.3976, C.
Code by Section 2 of till.; nut. -than becotnu 43s, p. 1141, 1 2.
Noperative only If Senate Hilt No. 2119 Library References
tots.1978, a 1031 Is nineted and add:- Status C=M.
Section 738.73 to I c C(vii• Cade (Section C.J.S. States 1117.
3 798.74 Prior approval of purchaser; grounds for withholding; informing tenant
Tlie management play require the right of prior npprmad of a purchaser of a
mobilelnonic that will remain in the part: and that the StjIllig tenant or his agent
give notice of the vale to the uuulagamcnt before the close of the sale, Approval can -
Lot be withheld it the purchaser has the financial ability to pay the rent and
charges of the park little.,;,,; the management renso,nably determines that, based on the
i purchaser's prior tenancies, he will not comply with the rult5 and regulations of the
park. If the ownership or ninnageinent rejects it purchaser as a prpspectIve tenant,
the ownership or management shall Inform the selling tcnalit in writing of its rea-
sons for such rejection.
(Added by Stats.1978, c. 541, 1). -, § 2; Stuts.1978, c. 1031, 1). -, § IS.)
Addition of a 1 781.10 by Stats.1973, c. IStat3.1978. a $411 1s enacted And amends
641. D• -. 1 was inoperative tinder the Section 789.'o of •the Civil Code. (Section
ro pvlslons o § 3 of that Act, wldcli read: 74.10 was So Amended). 1p which case Sec -
Section 795.74, a3 added to the Civil dolt 708.71. as added to tits Civil Code by
Code by Section 2 of this act. shall become Section 1 of this act, shall not become op-
oppemttve only It Senate J3111 No. 2119 critive."
IStats.1978, c. 10311 Is enacted and Adds Derivation: Former S 7811.10, added by
Section 798.74 to the Civil Codo . (Section St ,ts.1973. c. M. p. 149" § L Amended by
793.74 was so Adde•11 In which case Section Stats.197s, c. 140, P. 2s0, 1 3; Stats.1916, c.
1 of this act, and Scctlon 793.74 ns added -to 433, p. 1144. 1 2.
the i,; :! Code by Senate Intl No. NO, shall Library References
not become operative."
Addition of 1 795,74 by Stata.1973. c. 1031. Municipal Corporations C ai21(1).
D. i 1. rams Inoperative under the pro- States C=38.
♦lslons of 120 of that Act. which read: C.J.S. Municipal Corporations 1 1818 et
Section 738.74. as added to the Civil seq.
Coda by Section 18 of this act, sliall become C.J.S. States 11147.
operative only if Senate 13111 No. 1374
1798.75 Sale or transfer of mobilchome to remain In park; required documents
An escrow, sale, or transfer agreement Involving a mobllehonic located in a park ,
at the One of the sale, inhere the mobilchome Is to remain in the park, shall con-
tain a provision signed by the purchaser Stating that lie has agreed to the terms of
h rental agreement A copy of a fully cxceuted rental agreement signed by the
purchaser will satisfy the requirements of this section.
(Added by Stats.197q c. 1031, it. -, 11.) '
Derivation: Former 1 789.15, added by
Stats.1977, c. 677. P. i L
t 798.76 Purchaser; comptlnnce with adults only regulation
The management may require that a purchaser of a moblteho ie which will
remain. lit the part„ comply with tiny rule or regulation (inning residence to adults
only.
(Added by Stats.1073, e. 1031, p. -, § 1.)
Derivation. Former 1 780.10, Added by Slats.1975, C.-146. p. 230. 1 3; Stao.1976, c.
Stats.1973, c. 785, p, 1404. 1 1, amended by, M. p. 1144, 12.
i Underline Indicates changes ar additions by amendment
t 190
f 708.7i Waiver of righ
No renbtl or mile agri ,
(caaht walve.4 his rights
ell contrary to pnhlle poi:
(Alldc'd by stats.19N, C.
1078 Amendment. $ul
first sealcaro "this nrtlr {
798,70, U3.73, 493.74, or 798
9.790.70 Rl9ht3of heir � ,
Au heir or Joint tenait i
park through the death
have the right to sell thi `
alons of this article.
( Added by Stats,4979, e. I
Library References
Condominlum Ca15. ;
Landlord and Tmtant a
3 798.79 Repossession of
Any legal owner who (-
shall here the r hilt to s ,
conlanm with th, . rovis ,
ties and Ilabilitles io the
the legal owner.
(Added by Stats.1979, c. l
Library References '
Secured Transactions Or,
C.J.S. Secured Transacts
AIiTICLL S. '
See.
798.81 Repealed.,
798.£5 Attorney'•s fees a
708.80' Willful ;violation
Article 8
f 790.84 Repealed by St'
• The repealed section, add
c. 1031. P. 1 1, provid
may commence an action
3 798.85 Attorney's tees
In any action arising r,
party shnll be entitled t
deemed it prevailing part,`
cd In Ills favor or when
the trial, unless the party
(Added by StnuMMS, c.
121.)
Mil Amendment. Delet
for 41 798.IS awl 723.75 an-1
second sonlencr that a
deemed a provallim: party
of this section If the Judn't
in 411s favor.
Derivation: Fortner 1 :
StAts.1975, C. 1022, P. 26614, ;
Asterisks • • • Indicate
L
1c mina„ -ment shall use mason•
e mrbllebuuro anti its netcssory
is rn addedl, In width case .Section
act. slid :actlua-7U8.93 an added to
Cade by Sennte ]till So. -.,jig, shall
all: op(`ruttve:
lion; •Pointer 1 789.10. added by
,3, c. US. D. 1404, 1 1, amended by
S. C. 240. V. 260. 1 3; Stat3.197G, o.
441 1 2•
References
SCta43.
ter 1 147.
r withholding; Informing tenant
r Approval of a purchaser of a
the stlling tenant or his agent
s close of the sale. Approval can -
dal ability to pus the rent and
,ply determines that, based on the
i the rules and regulations of the
tlrchaser.as a prospective tenant,
)Jog tenant In writing of Its r n-
j8, r. 2031. p. § 28.)
1111l%!te(ctl79.0 of. the Clcod.eon
tas ao Code 3. In tvhfch Cato Sec-
,71, as added to Lh0 civil Codo by
;1 of this set• shall not become oD-
tiloortner 17$9.10. added by
%3, C 7.5, D• 1404. 3 1, amended by
146, D• 280. 1 3; Stats.1976, C.
144.1x. ,.
References
lipid Corporations 0: 721(1),
C=ss.
),iuniclpal Corporations 1 2818 et
.States 1147.
�lo In park; required documents
a mobilebome located In 11 park
•o remain in the Pork, shall cou-
at he has agreed to the terms of
rental agreement s.;ued by the
a r
tgulatlon•
r of a nnoblichoine which will
tlon limiting resldencL to.ndulta
e. 146, p. 260. 13. Stal.8.1976, c.
14i12• ,
Its or addltlons by amendment
l
798.85 t
• CIVIL CODE §qq
I� f
uh11c ollcy 1
§ 790.77 Waiver of rights; p p
Nu rental or sale agreement shall contain n provision by a'hlch tllc Pureb;Lscr or
teu:ult trnivcs his rights under • '• • this nrticle. A11y suclt wolvet•r utll be deem-
ed contrary to Public pnitcy and shall 11e void and Ilncuforcenble.
(Added by Stats.1068, c. 10:31, P. S 1. Amcudcd by Stots.19761, c. 1933, p. --,
19.)
1978 Amendment. fiulntltuted In the ocrlvntlon; Former 1 789.10, added by
first anllcuce Ypds article" for "Section StAts.1075, c. 14G, l+• 20.'1 3p State-i776,1c
798.70. 798.73, 793.71, or 708,70". 138. p. 1144, 12.
S 798.78 Rights of hclr or Joint tenant of owner
An heir or joint temrut who gahts ownership of a nlobllchomc in the mobi)elionae
park through the death of the owner of the nwbilchomc who is a tenant shall
have the right to sell the moollehoule to a third party lu accordance with the provi-
sions of this nrticle.
(Added by Stats.1979, C. 198, p. -, § 1•)
Libraryy References C.J.S. Condominium 1146.
cons ominluin �0=15. C.J.S. Landlord and Tenant 1807.
Landlord and Tenant Cr 329.
S 798.79 Repossession of mobllehom0; sale to third party
Any legal owner raw bas repossessed at nioblleholne located In a mObllehome park
shall have the right to sell the mubilehoue within the park to a third Party hl ac•
If
ties nod liabilities all Ito tile rut iangelent regarding rent and ult:litletnVs are satisfied by
the legrol owner.
(Added by Sults.1979, C.1185, p. =', § 2•) ,
Library References
Secured 1'raaaactions Cr 229.
C.J:s. Secured Transactions 1 106.
ARTICLE & AOTIO`S, PROCEEDINGS,. AND PENALTIES
See.
798.84 Repenled.•
79S.85 Attorney's fees and costs. ,
798.86 1Plllful violation by Park otvucr; addltlonal penalty.
Article 81caa added by Slats.1978, c,1031, p.-, § 1•
1798.84 Repeated by Stats.1978, c. 1033, p.-. S 20
The repealed rectfon, added by Stats,1978, provlslona of this chapter y, r recover
C. 1 3, 11. ace 11. provided
r vid dto that
a tcltllo the rc tai� or the
theinniiattoienp
S 798.05 Attorney's tees and costs
ally action arislin: out of the Pnlvlslons of this chnptcr • • • the l ding alli
III a
party shall 1K culitlt•d to reasonable nttoriney's fees Sind costs. A Pnrq cbull be
dcGned a plevldling party for the Purposes of this met, 11 if the Judaulcut Is render-
ed lu 111.4 Glvor or where the litigation Is disillissed In 1115 favor prior b1 or durlog
the trial, unless the parth"I otherwise agree In the sattlruleut or contpro llsc.
(Added by Suds.iUiB, r, 1U31..p, S 1, AutendaI by Stnts.1978, c. 1033, P.
121.)
1078 Amendment. Poleted All exception Intloz to Nolea
for 11 798.1a and 79105 held i•V•'011rd h1 the
i oemed itCptevilllhillq arty fur the ptr i wwa Revd wra2 1
of this aertloil it the Judn+nent it rundcrud
411a In invur.
Derlvatlon; Uorsuer 1 789.12, added by 1. In general
Stata,197S, c. 1U72, P. 26GV. 1 G. br`oirl1t 'bydino6l0 Hill It dloi Ix a+;nli rt
lenaatr fur uuuVayulcnt of nut, tunwrtr
Asterlsks • • • Indicate doletions by amendment
191
rt�
798.85 t
• CIVIL CODE §qq
I� f
uh11c ollcy 1
§ 790.77 Waiver of rights; p p
Nu rental or sale agreement shall contain n provision by a'hlch tllc Pureb;Lscr or
teu:ult trnivcs his rights under • '• • this nrticle. A11y suclt wolvet•r utll be deem-
ed contrary to Public pnitcy and shall 11e void and Ilncuforcenble.
(Added by Stats.1068, c. 10:31, P. S 1. Amcudcd by Stots.19761, c. 1933, p. --,
19.)
1978 Amendment. fiulntltuted In the ocrlvntlon; Former 1 789.10, added by
first anllcuce Ypds article" for "Section StAts.1075, c. 14G, l+• 20.'1 3p State-i776,1c
798.70. 798.73, 793.71, or 708,70". 138. p. 1144, 12.
S 798.78 Rights of hclr or Joint tenant of owner
An heir or joint temrut who gahts ownership of a nlobllchomc in the mobi)elionae
park through the death of the owner of the nwbilchomc who is a tenant shall
have the right to sell the moollehoule to a third party lu accordance with the provi-
sions of this nrticle.
(Added by Stats.1979, C. 198, p. -, § 1•)
Libraryy References C.J.S. Condominium 1146.
cons ominluin �0=15. C.J.S. Landlord and Tenant 1807.
Landlord and Tenant Cr 329.
S 798.79 Repossession of mobllehom0; sale to third party
Any legal owner raw bas repossessed at nioblleholne located In a mObllehome park
shall have the right to sell the mubilehoue within the park to a third Party hl ac•
If
ties nod liabilities all Ito tile rut iangelent regarding rent and ult:litletnVs are satisfied by
the legrol owner.
(Added by Sults.1979, C.1185, p. =', § 2•) ,
Library References
Secured 1'raaaactions Cr 229.
C.J:s. Secured Transactions 1 106.
ARTICLE & AOTIO`S, PROCEEDINGS,. AND PENALTIES
See.
798.84 Repenled.•
79S.85 Attorney's fees and costs. ,
798.86 1Plllful violation by Park otvucr; addltlonal penalty.
Article 81caa added by Slats.1978, c,1031, p.-, § 1•
1798.84 Repeated by Stats.1978, c. 1033, p.-. S 20
The repealed rectfon, added by Stats,1978, provlslona of this chapter y, r recover
C. 1 3, 11. ace 11. provided
r vid dto that
a tcltllo the rc tai� or the
theinniiattoienp
S 798.05 Attorney's tees and costs
ally action arislin: out of the Pnlvlslons of this chnptcr • • • the l ding alli
III a
party shall 1K culitlt•d to reasonable nttoriney's fees Sind costs. A Pnrq cbull be
dcGned a plevldling party for the Purposes of this met, 11 if the Judaulcut Is render-
ed lu 111.4 Glvor or where the litigation Is disillissed In 1115 favor prior b1 or durlog
the trial, unless the parth"I otherwise agree In the sattlruleut or contpro llsc.
(Added by Suds.iUiB, r, 1U31..p, S 1, AutendaI by Stnts.1978, c. 1033, P.
121.)
1078 Amendment. Poleted All exception Intloz to Nolea
for 11 798.1a and 79105 held i•V•'011rd h1 the
i oemed itCptevilllhillq arty fur the ptr i wwa Revd wra2 1
of this aertloil it the Judn+nent it rundcrud
411a In invur.
Derlvatlon; Uorsuer 1 789.12, added by 1. In general
Stata,197S, c. 1U72, P. 26GV. 1 G. br`oirl1t 'bydino6l0 Hill It dloi Ix a+;nli rt
lenaatr fur uuuVayulcnt of nut, tunwrtr
Asterlsks • • • Indicate doletions by amendment
191
rt�
P
N
§ 798.85 civil. Cont.:
robed a% n d,d-.nea fort allot 1nu41ord;1 hod eurl'cd mt 10w11t of Ittlnatlnn over boot of
not runl�rlled uhh nb•day uulho Prtivlalun rnnlrart, null till tippa:d Ir taken front dccl-
of 1 7'.01 :ul,i they prrvaped till that run- satin e( trtti .curt, prevnilim: party 1•9 null•
telatlun, dofrrr.,e la Nlieh nellun nrosr from ll,•,1 to Illplro,•Y fir:, on appal; ride In
aueh aerlloti tun.] Ihus tvllatlta Idnlitld havle aunt" ulken• the :ontoW. ,r11ill :1e. provislon
►wen nwalded nitoruey feen Ilar,unnt to u( Mir section I:uveruhn; award of attorney
I
hat It-wilun, ltdnler V. Aloe (1378) M fees and MAS lu uuil,l be
Cal.14dr, bit, A7 C.A.3d 377. 1 tween nwhila
111C I:uu1to"N lilt.] h•nnnls, errattm III cf-
feet. it coratral•t In aldrh :t t:cult 'd nttor-
2. Review myy fees !s pnn•Ide4 for •,revaning partY.
Micro 1attica enter Into a contmet that 1'.thuer V. Amu (19i8) Iso'Cnl.lttitr. Sit. 87
provider Rot should atilt he brought pru- C.A.31 M.
vatling purty shall rccoer attorney fcca I'l-
1 798.80 Wlliful violation by park owner; additional penalty
In the event a tenant, forater tenant, or former resident of a earl: Is talc pro•
Vatling linrty in a civil Iletilnl agniust the owner • • • to enforce his rights under
the provlstlons of this chapter, ' • • the temnnt or reAdelit, in rltiditlon to 41:1111-
ligc9 tifforilctl• ley late, may, in the (IheMtlon of the court, he awardi it =tit amount not
to exceed five hundred dollars ($500) for catch willful violation of those provisions by
the owner.
(Adde(t by Stnt9.1978, c. 10.'il, p. -, 1 1. Amended by .Stllts.1978, c.'1033, P• =-.
122.)
fern 7A 18 ndm nt.75Nloted an exception Stay Derivation:
Vernierp. 21, i e9.13, added by
ARTICLE 9. SUBDIVISIONS, coorriukT1vI:S, AND
C04ND03IINIU118
See.
709. Definitions.
709.1 Advertising.
700.2 Listing or showing utobilellome by ownerAILi or man -Bement; written au-
thorization.
790.3 Salo to third party; prohibitlon a);ahist required removal [Rcw].
MA Prior npliroval of purchaser; grounds for ivlthholding.
700.5 Purchaser; compliance with adults only regulntion.
709.0 Walver of rights; publlc •pollcy.
709.7 Repealed.
7993 Renumbered.
Article 9 was odde(f by Stats.1978, a. 1031, P.
1799. Dcflnitlons'
As used In this article:
(a) I'Ownershlp or nui nigcmcmt" means the ownership or management of'a Suh-
divlslon, cooperative, or condominium for mobiichouies.
(b) * • ' "Resident" means it Nrson who • ' i malntnins a residence In a
subdivision• cooperntive, or condominium for niobiidtomes.
(Add(d by 5tnts.1078, c. ItAtl, p. 1 1. Amended by Stats.1979, C. 108, P.
12.)
1979 Amendment. Added sub.]. (b),• Libraryy Reference*
�itimicittlat Corporations (=13.'
• C.J.B. Jlupiclpal corporations 11 93. 39.
1799.1 Advertising
A * • ' resident mn)• advertise the sane or excham(,ro of ids nlobllellonie or, It
not prohibited by the term% of an agleenent whit the tunniumutelit or ownorship,
truly not ertine the rental of Ills ntubilehumo ley dispinylllg it A.-M In the window of
has mohllehoule Stating that the ulobilrhomle Is for Salle or e.%ch;utge or, It not pro•
hiblted, for teat by the owner ut the Inubilehome or has ngent. The Sign shall Mato
Underline Indicates changes or additions by amendment
192,
j
the n:our. i,:•: .
agent, and
I >,ddeti by
1079
luI11nK n••::^ '
subellUllyd :` r• .
sign In lh,• u.•
till: that She r• '
change" for 's :
In the Window e,
1 799.2 Ustl'; cr f*eI`
The owner 1:1•; ar rt+
'file amthoriz1* 3 all
listing,
\othhlg NI UM-1.6l ill '
the velllcie CI .!i a»I ct tt
(Added by St.a+.W;w I
1 4.)
1979 Amendment, the, •
toe "tenant".
1 799.3 Sale to third P
The oVnershl;l or m
from a subtlivIA011, "I"
party • ' '
(Added by Sta13.191-4- r
124; Stat,0071i, e. Ilt
p,
197E Amendment. I"• '
first parogtopll "I•II "I'' r
'however. In enter Ill Ill'
tuted In subtle. 4.0 110"
bllehome"It
1979 Amneedireiet, nap
which lead auth orlxcd t•
1799.4 Prior approva'
The owneraldp or (,
Purchaser of n tillrldlr
condomiultim•for mn!••
givq notice of the stilt.
Approval elienot Is•
fees nod charge+ elf tt'
slop or ulmt genn•hf
• * e residents:^+.
(livisiol, cooperlthe. '•
,(Mlded by Stats.W-dk.
1979 Amendment. 8,1h,
for "tenant".
i M.5 Purchater; :r
Tho oltnership or
which will remain if.
comply with Italy ry
(Added by Stats.197;
acrivatlont Fertile"
Btats,1373. c. W. P. P
Asterisks • ° • indlca
7 G1.ce fe-1I .
,M�
full of llttrndon otrr ternt+ of
I an appinl I. ttikon from 11" of
court, wova fling party Is •mtl-
rn(y 11.1% 4,11 appeal; rid.' is
11t• .t.,tnt.•, sliell ?;n wo%liNn
+a gwcrr.It * toward of altorney
rsls In ru119 between ulobilo
rd., arel.to ants, crvat fit cf.
"Cl In v.ldch a gmni of altor-
Prot•id,:d for provnilin g party.
roe MIN) 100 Cal,ltptr. bid, 87
tonally
sident of ,a park Is the pre-
'to enforce his rights undpr
resident, in additioll to dant-
t, be itw•arded an amount not
Mailed of tllose provisions by
y Stats.1973, c. 1033, p. -,
'10F D 266i ; 69.13. added by
ATIms, AND
t
i
X mann-ement; written an.
Id removal [New).
Ming.
3n.
1, P• :11.
Ip or management of a sub•
maintains a residence In a
s.
'T Stats.1970, c. 308, p, -,
'meta ,
artoiraHens 0=43.
iclpal Corporation 1} $3. off.
11,,0 of his niohltehoute or, If
rlal1119 mcnt or ownership.
nog it tagu III the whnduw of
or exchange or, If not pro•
agent. Tim sign Minh acute
,or addltlons by amendment
r
CIVIL CODE
file mane, uddres•1, old telcillinritr number of lhq owner of the mobllebimte or his
a-cnt,'nnd May be at lenat 12 Iaeht'a In width and 12 Inch(-4 In length,
(Add(al by Stals.i978. e, 10:11, p. - § 1. Aahemded by Slnts.1117a. C. 1(91,1,
§ 23; litulx i11i11, t',
1978 Amendment. Deleted n period fol- tisn dint the mobllchome I+ for date or ex•
lowing: natal of his and enamel•.
tubsliluled the phraao • by dlsidaying It, 1979 Amendment. Substituted "resident"
sign ❑t the window of Ids mobllchome .tat. for •Truant'•.
Ing that the m0bllt•horao Is for i:de or ex- Ocrivauon: Fnnnrr } 7E9.10, added by
chaago" for "a u• 11t stay di.pinl a sign Stnis.l;73. c. 7aS, it. 1401, f 1, amended by
In the window of iti. mobiicbono to advcr- Slats.W75, c. 146, P. 290. ! 3; Sutts.1976, C.
438, p. 1144. 1 3.
1799.2 Listing or showing Inobllohonte by ownership or nianagemcat; written au.^.
thorization
The ownership or wtulageummt shall not shave or 11•it for sale a mobllchome owned
by a • • • resident without first obtaining the owner's written authorization.
The nuthorlyallon N11:111 .
$)Mcify file terms and conditions regarding the showing or
listing.
Nothing contained h1 this section shall be'eunxtrued to affect the provisions of
tile Vehicle Code governing the 1llcna111g of mobllchome snlcsuleu.
(Added by Stut8.1978, c. 1031, p. § 1. Amended by Stats.1070, e. 108. p. ; .
14.)
1979 Amendment. Substituted "resident" Derivation: rormor 1 789.11, added by
for "tenant". Stats.1973, c. 785. p. 140). 12.
§ 799.3 Salo to third party; prohibition against required removal
The ownership or inanngenhent shall not require the removal of a moblleboma
front a subdivision, cooperative, or condoudnItuu In the event of Its sale to it third
party • • •
(Addeo by Stals.107R, C. 1031, it. § 1. Amended by Stats.lViS, c, 1033, p. -,
§ 2,i; Stats.1970, c. 10R. 1).
197E Amendment. Substituted In the order to upgrade tit location. 1. e.. width.
first paragraph •exCCPt to upgrado" for age and rundown eandition or disrepair of
however, lit onlerto upttrade" at d sub+tl- the mobUchumc.
toted In salad.. (a) through (d) "the me- Ocrivation: Former } 7E9.10, added by
bllehomc" for " It". Stats.1073, c. 78S, it. 1404. 1 I, amended DY
1979 Amendment. Deleted the conditions Stats.1975. C. 14;. p. 280. 1 3; Stmend 7G, c.
which load authorized removal upon said in 438, p. 1141. 12.
1799.4 Prior approval of purchaser; ground; for Wthholding
The ow•nerclnip or w:umgement may require the right to prior approval of the
purchaser of it inobilebolne that will avant in the subdivision, cooperatlte, or
condondultint •for mobllehohnes and that the selling • • • resident or bill agent
give notice of (he sale to the ownership or management before the chose of the sale.
Approval cannot be withheld if the purt9mser has the fiunnelal nblllty to pay the
fees and charget of tl;c subdtvNion, cooperative, or eondoininhmn unlr is the owner-
ship or whumgement reasonably determine thilto based on, the purchnsees prior
• • • residcnces, he will not Comply with the rolets and regulations of the glib -
division. cooperative, or condotnttduhn.
(Adile(l by Shnts.lJ7s, e. 1031, p. -, ; 1. Amended by Stnt..1970, e. 19R, 11. -,
1979 Amendment. Stlbatltuled "resident"' Derivation: Foraher 1 789.10. added by
for "tenant". ' Stata.1973, c. M. to. 1104. 1 1, anieml.+l by
14lnts.1975, c. Ito. P. 260. 1 3; Sltts.d976, C.
438• P. 1144. 12.
1 799.5 Purchaser; compliance with adults only regulation ,
The ownership or nuunngem ent may requlm that to, linrchnser of it mobllchome
whlrbt will reitialu hn the t uhtlithsluu, cooperative, or condandohult.for mohilehoines.
colliply Willi any rule or rcgWittiou limping residence therein (o adults only.
'(Adthvl by sinls.Ipos, e, 1();11, It. --, 1 1,)
Derlvation: Iti,nucr 1 780.10, added by Strits.1975, e. 14C, p. 281). 1 3; Stats.197C, C.
Rtuts.1973• V. 735, it. 1101. 1 1, allicudtvt by 438, It. 1144. 12.
Asterisks • • • Indicate deletions by amendment ,
7GI, 1979rP. 193
�'r'�-•-.�++�..+w�.,••�+�+•-r.ww , r...w.w.w-......o+..+.+r....w+.+.�.w.►+++r•..-r+.-..�.�',.+.•7-�nn+.ry.+...•.•'•'t.r• A
4
I
I
79D,zj CIVIL CODI;
y 799.G Walvor of rights; pnhllc policy vr
No DIM --•meat shall conttlhl• any ro i ioo by %vll eh Any p hnisVulrcr stmlllyps hbe
riglds under the prarislona
devilled contrary to p111111r• policy null vald null aucnfortr:d111 Itenlullhered } 799,8
(Formerly y 70:IK, addad by Stnts,1117k1 c. 1n:St, p.• i
land nnlcaded by St Us.197R, c, 31"l, p• y ''S7•)
Wormer 1700.6 lidded br Slnts.1078, c• V. 2A0. 4 2: 5tntn.107r,, c. 43A,.D• 1141. ! 1:
3034 p.; 1. rnpdrlA;: t m u+uu•raidp or htotx.l?77, c. 731:. D• 4 i.
manakitt i i lity to rl n •rears lent hi�eihmi 6D first se11918 ntenced' tlll4 virtimmit.elit" for "the provl
days 1,tT W 1z rer+Illon of tho locrcarc, wn� sbCcriv tiormpeilo lbr nor 01 7SJ 11). n1Ide 1 by
rePculcll by 4tato.1078, C. 1033, p. gU+tx.1?73, a 785, V. 1701, ! 1, amended by
'rho repealed secllmr +vas drrl�eJ roan , 60, 3; gtnts,l716. C.
former ! 780.2. Added by Xudx.197-. c. Intit {3A. V i1N1. y 146.
G' 1 • = S
34 1$20, ! 3, amended by Stals.1975, a 146.
} 7993 Repeaicd'by St3ts,1978, c• 1033, p. y 26
The reDC.. slct'nnidrldd tl ai Sunoco vnA- 7 1 ad,l vl by Atats.1971, c. 1004 P i82J I
C.
II1
3t, P. -. !
cptlul• a tchaacy. a tennot must give a amcaded by Stnls.l?7o, c. 14G, W 280. ! :
written nonce thereof to the ou•nershl or 't;,".107G, a 135, D• 1111, 11: Slats.3077, C.
managctnellt of not less than CO days. rho 736. P. -••• 11•
} mended by Slats.1978, C. 1033, p. -, y 27
7908 Renumbered y 799.6 and a •`
CHAPTER 2,6 RECREATIONAL
Y LAW (NEW]IOLE PARK
OCCUPANCY
' Section
Article 799.20 ,
1. General Provisions _.....-...;..........:•----•-•-•----------`^ ......799.30
2. Registration Agreement --. - -- -- __7gg,35
-__ - -' -'
3. Removal of Recreational Vehicles of Defaulting Occupants ...._.._.:._
Chapter 2.6 icas allied by Stats.1'179, e.1185, P• -^, } 5•
ARTICLE; I. GENErtAL PROVISIONS
See.
70920 Citation of chapter.
70021 Definitions; con%tructioll of chapter.
709.22 Recreation Vehicle;
709.23 Itecreatiwull velnldc park.
7W24 Defaulting occupant.
799.25 Cmnulntive and additionnl rights.
70920 Appllcatlon to umbilehoales.
'Article 1 icas added by Stats.1979, C.1185, P. -, } �•
y 799.20 Citation of chapter
Thls chapter shall be known and may be cited as the "ReCrentloual Vehicle Park
Occupancy Law."
(Added by StaU.1979, C. 1110.. p• ---• l :1J
1979 Legislation. Permanent Place of residence: Provided,
Section i of Stata.l070, C. 11:a, P. the occupant has occupied the reereatlonnl
D Section
vehlelo In the Pnrk contlntloa31Y for ulno
Seclinn'3 lit alas act shall ;rot apply fa muntlix or more alter Janmvy 1, 10t0."
any rclatlonsldp 1:over led by the Inwe to -
any iNltonl ip�1 Tcilaut (yl et wcq.
taunt; to Inndlord•tonaut ur I,o nay Parson
who occuplcs a recreational vohlclo us a C.J.S, laandlonl and Pmlant It 2.
it "799.21 Delinillons; construction' of chapter
Unless the provisions or context otherwise rtvluires. the fnll0whil, dctillltlol" shell
govern the constructlou of tills chapter. '
(Added by Stids.1970, c, 11 +, p. -. 4 2.)
Underline Indicates changes or additions by amendment
194
1
.. .._._.
y 709.22 Recreation vcl
"itrt•rr:Ulun;tl Vrldrir"
Ing trailer, willi Pr will'
atonal or eoa'rgency is
cluiling built• 11 t'lpdpnu•
tun'a, bath sad loih't n•
(Added by titnls.th79, C.
y 799.23 Reereallon'M s `
'-Itecreattoilal I eldele
(a) Au area or tract l
or more lots nre W01111
Which !s cu ttuularily ov `
Ai piein view oil the pr1
r,lnoved from the preen
(ng the telephone numb,
(b) An area or trncti
Park %Vliere lup or anon
Iles used for travel or
view In tllnt nren or tr
sign Indicating that the
the rensons s;lcclflcd h'
local truffle 1uw enter(
(Added by StaU.1070, C.
1-799.24 Defaulting oc'
'-Defaulting occupant
has been an occnpaut t
falls to pity for Ills or
comply with rearoliahl
park given to the otrul
(Added by Stnti:•1079, C.
! 799.25 C (mulative
The rlght3 treated b,
er legal rleltts the HV
against a dciaultlag 0',
(Added by Stat-4•1971), c
y 709.26 Application '
- Nothing la tills chili'
(Added by Stnts.1079,
AM
See.
709,30 FOTh19 and c(,
709.31 Mules And re;;+
Artlel
' } 799.30 Form and c•'
The regil-tratlnll lit;, ;
thereof nlatll he lu wl
requlrcd by Ialy to 11
and a M.1teint•nt rlk't••
removed for the rea,
number of the local 1
(Added by 18-talg•11179.
Asterisk$ '" • Indic
i
(91 Iit7eclive tuvestigative and eufatccntcnt n+cch.uncws that :nc
CHAlvl;l-H V•
ItCN'f COy�•IiOL LL'GISLATION: DL•i'l�il'ftO,��
AU�1l3S7rltATlON
(
j
adcrp+auly sWffcJ mtJ pntvidc clS+rt'ith�+�icEictcr�cJt+rand
fist cunswnct crnttplantt
AND
` {
ntcailan
Iemilved N
And finally, any Icgisl:,live action should lake acctnutt or the
•Ill1 existence of inadequate housing, together with
the adoption of rent
following: .
) of urb•+n ten;n,ts have a loa• h+ middle
1 a substantial 110911011 ls•rm)
age
exceceive will increases, hue given rise to
of legislation by a growing number of n;uricipulitics.s
coulr isl lion and Chapter
such kg.
income earning capacity, many bang in upper
s. have
living on fixed joc+uues; (2) large scale e"uvcnious, have d+eu
income sel;n+eut of the
(•It.gsler 2 discussed power to enact
in cuujunclfon with condominium conversto:t
ill soft rent
�•�
suongesl impact on [lie low to twiddle
Population; (1) inasmuch as mmtY Cities 'lave csttcutcly low
the displaced tenants will
4 discussed,
prtniaiotts, the constitutional problems attendant
provisions of
'I'his,chapler will sumtuartzc )
study of
vacancy rates. there is hl:Ic IikchhooJ
find con:panhlc huuw;g acennunudations at siunlar cost
control ordimu:ces
ardina AecSa rovide a case
rents` provisions.
' �•
ehew'cre; (ti) individual unit owocrdup tcptescnts a p+n,tive ,
inllucnce sauce tl tends w mauriatn stability by .1 c ucti�lN
existing
particularlol
lin¢ut challenges to rent control
y 1 ' ulalions are designed to fulfill the
t)ly will rev.
vested inlcrcxl in living in the urban envtr"nmcnt, an g Y 11�,..
ensures ntaintcnance and upgrading of the individually "wiled following gods.
"i units, and (S) a t:mdbud's legitimate right to alienate lilt + Protect tcnanrs from undnc hatdshgs — it:Jscriminatc rent w M
i (1)
4 increases, unw-miantcd eviction and retaliatory edell&
property should be luolcctcd whpc it is not uthcrwise
. + .. dtsrupuve of Il:c needs al' die courmunity as resnhiug ftt,nt the shortage of huusng and flu increased cost of ;
such housing.
(?) protect dtc rill of landlords to a fair na return nil their
.,'cstiuern tit rental hurtsu,g.
blv Assure Ihat tile escalating costs ci rental • hcus4�g
iuv
;4 • altttbutablc It, the shorlugc tit such housing and tL'c imnd��'at
• nc1:11in s ;lie bollic es i"cq ui1 by
I:Itdsli pdorrloss as a result*. a
Anuthcr uuitication has been to insure rho i:uthey satisfy
r piovemcnl of sbbstand4t
:.+ )
hu,"sing re+tl cauuols tin such dwelling ewkrsty.Gn'.e,
' t housing hY 1 Newark, N
a 2 minimum standards of safety and sanitalion•�ee.
'' r ;IS:9A11oI5: A•IS(Ir172Stipp•)•
_ •9
i° A discussion of rcsutetl)ns on llfree use of property is [uuF� ►
irilOn
roneeuun i
j it. Section C discusses rent strul laa ws as a violation of the Equal
Clause of the fouttecath Amendment, Rent Stabilintion and
�•( aThis paper will nut discuss the hew 1'ou t'tu Rent Stabdizallon, Law
�•3 Rept Contrut luwx• Iluwever, the validly
(Local Law \o. 16•I 69) was 'llbeld h, $200 Realty Corp. V. (urJsay,2T
'„Supra note 66. N•Y �J 1:1.1► t N.Y
r `t nSaprrr note I, at 991. II,
17 Pm
• • l I
r-
a
(4) Alaialaitt. Improve and incrme'tlic homb,g stuck Ihiuugh.
-compliance with the housing regulaliuns and incentive, to
rchabililation and new congructiun of housutg�
A. E.%islcnce of Mousing Cnlergency W 0'' RKOMI R�
)N C_ FQM/A
(tent control ordinances, in order Io +c valet . I to%( be
based Up011 the existence of an emergency sittrtlluu' For this
reason, most rent control ordinances are pref:aed by a
dcc):rratini,. stating the existence of :111 culeigeney caused by a
severe housing shortage nccessilaliog the enactment of the
ordinance.
However, "tire declarttica of an cinergeney is not
conclusive, and the finding as well as lire continuance of the
exigency upon which the operation of the law depends arc
subject to judicial intluiry." In those instances where the
existence of an eulcrgcncy has been challenged the courts have
generally recognized its existence.$ Typically, the presum plian
of validity of tite legislative enaction is invoked;' thus, the one
imposing the challenge uutst ; munsc file burden of establishing
the absence of -.lit emergency whcrc expressed in •llse ordinance
or otherwise implicit'
fiSee Report to NIeulbers of the District or Columbia City Council from
Stcriing Tuc1 cr. Chairman. I lou,in� and Udtmt Dcvctopntenl Cnnuomce,
July 18,1974.
sb'isco P. J.asyman, 421 Ir.d 560•(2d Cit. 1969) cttntaioccl diettutt slating
"Ihe tittle when exlrawdivary exigent cucuotstanccs *arc re(iuucd hi justify
,)tied controls passed oo Ihe day that Nebbia p. Ne%v. York.2ttl it.$.502.
539,54 S. Cl. 505, 98 L. Ltd. 940,89 A.L K. 1409 (1934) was gccttictl:'
diatmnattall v, llartler, 16 N.J. 500, 109 A.2d 640 (1954); Allugne v.
Jerscv City,127 N.J. Super. 101, 316 A.2d. 483 (1974)1,S4Ylstois R<111s1' (ilrp.
r. Ciry of )tinkers, 80 Alin;. 2d 601, 363 N.Y S.2d 738 (19751-.Gtv ojdliand
Reach o. Forte 7'ow7s:305 So.2d 764(t•la. 1974);Ce111ral17.1i+1sC0. V. Cite
of h7lite Plains, 309 N.YS .d 483 (S. Ct. App. Div. 1915). Islet sec
Rirkenlcid Y. City of /JerleArv,122 Cal. ItIm.891 (Cal. Cl. App. 0?511.
'Rodgers Y. Village of T1m;vtotm. 302 N.Y. 113.96 N.E.d 731 (1'M
Shepard v. Village of Slatimcles, 300 N.Y. 115, 89 N.E.d 611) (1949);
Birleofeld Y. Cite of Berlelap.122 Cal. Rpt1.991 (Cal. Ct. App. 1975).
•Albigese P. Jersey City, 127 N.J. Stiller. 101. 316 A.2d 483,.487 (1974).
0
4
liven where the Court teed, for from satisfied wills tile
accuracy Of the cit)%s appr:ti%al of vacancy rate, but whcrc the
plains lift'evidence was filtic. if ally %troul:er, the Court was
compelled to find Ihal evident, was insufficient to overcome the
presumption Of validity and the existence Of an mnerge:rcy was
i W1111F1t1t.'ll � �
' it slwuld he noted, however, that where existence of an
t emergency was challenged in a recent California case; ° the
Court considered vacancy Talcs Outside the corporate Inuits and
1 concluded "that while the rental vacancy, rate in Berkeley was
{ low, and while housing conditions for certain low incotnc
persons were serious, there was not suph a widespread rental
housing shortage ;Ilia cXOrbitant rents as to constitute a'scrious
I public emergency'
1 B. Coverage of ltcnt Control
Rent rcguhdions do not apply to all dwellings on the
housing market. Often exempted front coverage arc medical and.
health facilities: ° hotels, boarding houses, and other action)" 0
I dalions serving transients•:' newly constructed dwellings for the
r
e
1
1Scasons IAalto Carp. r. Citeof )iotkcrs, 80 Atiu.2d 601.363 N.YS.d
1 738(1975).
milirAtYlftdd r. Cite of (ierArlg. 122 Cat. Rptr. 891(Cal. Ct. App.1975).
old, al 9ell as accc ted b Can;Sa 1901ass.
i=Ataa(;
ell. en. laws. ell. 842. # 1.3(G)(5), p Y'
oft Scplcmhcr 17. 1970; District of Columbia a gg9ahce 1 .157,'R02(axi?•
(July 19751: Alontgoutery County. Aid., Cove O ( ):
Md., Ottlinance 41.73 $10.6A3(b) (1973)0 NIAILO Aludel Rent Control
0rt;*_.ma. § 12.806 (A) (1075).
"Boslon. Mass., Otdhollce Itegulauug Residential Rents and Epicti0rls ill
Ccuaiu Itedmilly Subsidlred llaushij, and Mmkinp Certain TlansiuonA
prtivisions in Relation at 11cn1'Catttral in 01her Nousing 11(e) (it) (Dec.11.
1972) (Im eblafter cited as 01d111.uice Regulating Residential Rants); Masi.
Gcu. laws. elf, 842, (•1.3(bxl), as -accepted by Cautb u ae, Muss75); East
Srptcutber IT. 1970; D.C., 01dotalice 1.157. §20a)(4)( Y
Orange, NJ. Ordinance 1 j 2;38.6(h)(c)(d) ( 74).
•
78
79
79
f
1
' • i
ileriud of Tile initial Icasc:' housing owned or subaidircit by the
federal goventntclit; } and dwellings with three or fewer separle
units.,' t
C. Determination Of Acceptable Rent
Various methods huve been employed for compttlmg the
maximum rent allowable. The validity of some or lhcsc methods
has been challenged. 'me use or the constmler Price ludex WPO
in the Jersey City Ordiu:nlce • was challenged in Albigese 11. 1
Jersey Cify.17 Ilic ordinance from rents. to the Jalth:uy I I,
1970 level but allowed in increase in rent equal to an inemase I
in the CPI. The plaintiffs arpell (lilt the cOnrlYnlcllls Of till' Ci'l !.
bore no reasonable relationship to a fair rental 'or the coat or
operating a building.'" The Court reasoned that though the CI'1
may not be the :nost perfect method available, there does exist
14I:u31 Orange, NJ. Ordin,mcc I §2:38.6(c) (1974). D.C., Ordinlucc
1.157 § 202•(a)(3) (July 1975), hiOntgo"rcry Cty„ hid., Code § 2941:(c)
(1972);11once Gcorgc's'Cty. hid., Odin:ulce CB-19.1975, § j (Feb. 18. 1975).
Rockville, hld., Oidnlancc 41.73, § 10.6.03(c) (1973); NIh11.0 "dodcl Reid
Corded( Ordinunce § 12-80601) (19751.
1Sh13ss. Gen Laws, Ch. $42, § 1.3(b)(3), as accepted by Caulbndge, hbvs,
on Septemher N. 1970: D.C., Ord111:u1cc 1.157, § 202(a)(2) (July 1'175);1:Isl
Orange, NJ., Ordinance 1, § 2:38•00) (Jan. 1974); I thice George' Cly„ hfd„
Ordinance C13.19.1975, § hi (Feb. 1975); h1"nlgonlcry Cry., htd„ Code
§2949(e) (1972); Rockville. Nld., Ordinance 41.73; §10.6.03(e) (1973);
NIhILO Model Rcut Control Ordinance § 12.806(0 (1975).
lehl:o4. Gen. Laws, ch. 842, § 1.3(b)(G), as 2ce01ed by Canlilridge, Aral,
On September 17, 100 (exempts rental units in • an ow'ucr-occupicd
lwu•Cnndy or thrcc•eanho
use); ouse); D.C., Ordin, ace I.157, § 202(a)(5) (July
1975) (not nulre than twO WIWI units); tiasl Or,1111;c, N.l, Ordmante I,
12:38.6(a) 0311. 1974); htoulgunmy Cly., hid., COdc, §'_')44(d) (1972);
Rockvdk, hid., Ordinance 41.73, § 10.6.01(d) (1973) (owner of Icss dlall five
dwelling units); MILD "Model iteut Control Ordinance § 12•806it))(1975).
In Trowto r. Walsh. 295 N,R.2d 309 (Mass. 1973). Mitre Zile 1111CS111111 was
whether exception' of "Ownel+lceupicd" IwO•fauuly ""uses included
benetichd ownership, the Court found 11141 it did,
17127 NJ. Super. 101, 316 A.2d 483 (1974).
"Id.. 316 A 2d at 491.
r
a logical uexua since rent is part aril parcel of the•eost of living
and shod:( in a normal housing market keep pace with that
index." •
While litany New Jersey citics20'have used the Cpl as a
means of delcrMirring, rent increases, Passaic, New Jersey -based
its rent increases upon a "cost of operations' standard. Tlie
operational coats were based on taxes, labor, fuel, utilities,
contractor services, administrative expenses, insurance, parts and
services and replacement costs" In a' challenge to the use•of
this standard" the Court held lhal although tine Cl'1' had"been
used elsewhere the cost of operations method seemed a Mora
logical •haronteter for increases in real estate operational costs
than file general cost of living ele"tcnts comprising lire consumer
price index."
Tile 1110a1, commonly used method for controlling rent",
employs a percentage approach. First, a "base rent'Iwitich is
equivalent to the rent charged on a certain date isesta3.uc1`(i m
Rent incrc,iscs are tile" :'"wed to increase by
191d., 316 A.2d at 492.
40l g., Clifton, New Jersey.
21 G4rdrrls V. 1"iry nj Pcswk,130 NJ. Super. 369, 327 A.2d 250 (1974).
221d.
"Id., 327 A:_'rl at 255.
y1ihc Pau dales vary but nlllst have the effect of usingthe date at which
Federal Rent C0111101s were lifted, ,.
1
-1 j
0
i
Luger percentage increase is
Maryland regulatioll?r In aNew York cane" where the percentage
tl►e Court allowed the 1974 rents to.rise
pc entage over the base rent"'A
often allowed for landlords who pay bosh electric and gas utility
it►ere:roe wits :m is�uc,
Il seven and one 1►alf percent (7'/:`ml toward the ceilinlc
y but
cost of the tenants.'"'If the tell; pays either or both of these
is slightly sinallcr."'
reprs sated by •toe 1972 ti►:rxinunn base rents, cconditionedt
of ninety p,
utility costs, the percentage increase
Additionally, percentage increases are reduced for holdover
dwellings, semi-detached dwell- �
sueh inerc.1sc upon a showing
,expenditure for operation sad muu►tcn:n►ce.
in all of these decisions was theAdca
tenants who occupy onc•fanuty
p reoccurring then;:
discany ►and
n to �it his
ings and townhouses.'" :
1
• 'lit Leone 11a"0901101 f CorporationBoard owhich o n't1crc
long as not arbitraryjzc
fortdcalimunicipality
g rw''il 1, tile- e- problem
due regard to u
IG('rr
r nt increases I
signers of It cst New ) rr .
ceilings were hell to be valid. Tho
t
reasonably achieves the intended purpose with
of the Landlord as well as the needs of the
controlled by percentage
Court found nothing arbitrary and unreasonable in the
their use in lire
property rights
,a,,,
tenants:
is imposed upon :cntaI property sole
mechanism of percentage ceilings and noted t
federal Phase 11 price control rcgulstionsa0 :mJ in a State of i
\fhcre a tax increase
tuuuicipulitics allow the landlord to pass this increase 4n to the
► is validity' a
tenant in the Casrtavrll �ion f a tuurst ax rallo►v tl:e landlordto Pass tile'
1
"D.C., Ordinance 1.157, § 204(a) (July 1975) (4%of base rent plus 87, of
tax surcharge 1 srrrYork.ar3srsy
entire tax increase on to the tenants. In IttNct
Conurtissiorters of
that figure): fast Orapge. NJ.. Ordinance 1, §2.38.9 (1974) (6%): Moot-
(1972) (4M; Prtncc Ccorgci Cry., Md., r
Corporation V. Board of
tax surcharge prosisiou in the West Ncw York ordinance was
the tenants the
goolery Cly., hid., Cute, 32')•51
Ordinance Co.19.1975, § I (1'cb. 1975) (GM); Rockville, hid., Ordinance
Ordinance
held invalid bce;urse it failed to allocate among
apil to the common °)
41.73. § 10.6.05 (1's73) (5%): NIMLO Modd Itarl Control
burden of increased taxes roAsionin
the same rase, the tax surcharge p
as , t
§ 12.808 (A) (1975) (6 )• i
method used by some cities tics the increase la the
buildint�a"'And in
A peteeritagc
Consumer Price Index (CPI). Clifton, New Jersey, Ordinance 4249.7a. §4
lus jrolisionexpired
§45(a)(b) (1973 Supp.). s'
- (loos 1973).
Newark, Npw Jcrscy, Code, § 15.9A•5 (1972 Supp.) Pro""-* 'tat '
fan operating inconle which S1129 be 207^ of
71hid. Code Ann.,art.53,
•
July 1.1974). ,
a,89 Cltdsrrrphrr, Gte. v. jov.35 N.Y.2d 213,318 N•E.2 71 c(19 4 r n
ruarinmm tarts roust allow net
annual income for less than five mots or 157• far five unity or mare.
842, § I.7, as accepted by Caurindgc, Mass.
inlaiut 7hM ill tca;e was also allowed in 1974). as are
Oiv.2J 950, 359 N,1'S.2d 299 (1974), as a result, b rent agency's
45 base relief.
Sesalw t+tass. Ccn. Laws, cb,
September 17, 1970; and losunr, A(ass.Ordinanec Rcgulat)og Rccul°uti:d
App. tent
Ieug delay m processing landlord's application for nraxirmm�
ua
(tents § 5 (Dec. 1972) which also allows adiucuncnts iu tents to provide a fair
°aSupra note 21.327 A.2d at 255.
9
-74, k 1972
itol'
net operating income. ,
26Montgonrery Cly., Md., Code, § 29.51 (1972); Ponce Ccurge i Cry. Md.,
Model Rcnt Control
S"Clifton, N•J., Oalijtautt7424 Ordin\n e
Ordinance 1, § 2.38.12 (1) 4): Mudcl 3t Coll
Srue cxa
Ocdmance CBd9d975. § 1011(c)(2) (1975); N{MLO
§ 12•S08(G)(I) (1975).
12.808(UX1) (19)5). But in
w.2d 274 (1974), statute requiringlaet'x reductions to be
11is._d 280, 219 N. en eld
Ordinance
arMontgonaety Cty., ':d,code, § 29.53 (1972); Ptincc Ccorge,s Cly., Md.,
CB•19•I975 § 1011(c)(1) (1 eb.1975);NlMLO Model RenrCootrol
passed from landlord to tetfant in the, f olntforf red refund 75 a ofrtaia
t unconstitutional, On tlu olltet luand, p rstetu0 NJ.
Bd.
Ordinance
Ordinance § 12.808(Gx2) (1975).
i'Slontgerncty Cty., hid., Code, § 29.54 (1972).
reduction w:a held valid (u I,eoue Algatr, Cc" ajCordrb
b Y.
Super. 569, 328 A 2d 26 (1974). if lax sutchar •e lud been p= Y
of 130 NJ. Super. 569, 328 A.2d 26 (1974). at, fi C.F.R.31110
30-11,ese longer in effect, appeared
N.J. Super. 569, 32S A.2d 26 (1974).
u1d„ 328 A 1d al 31.
regulations, no
§ 301,101(a) (1973 ed.)
> i
i
r
I — j
C.
the North Bergen. New Jersey, ordinance was held valid only if
"housing space" ac used in the ordinance was delined a.; the i
total apace aceupied by the tenants." !
Similarly. Prince George's ('aunty, Marylautl, allows :ut I
increase in• fees charged for cxlr;a services such :is air
conditioning, pool, and answering services. The fee miry be
incnasctl by hncrcascd cock of
operation aril tliclrihulal
equitably :unong those temui►c paying for the We of these
services or equipment as
In addition to Ile foregoing rental increases the rent
control ordinances also have special provisions for hardship or
Capital improvement increases in those cases where the landlord
is operating at a loss or where the ulaxinitun rent increase does
not providc'a reasonabk rate of retuntJ9-Standards fur grunting
increases for capil.rl improvemeals have been- provided in a
number of ordinanCes.JO In Montgomery County. Maryland, )
capital improvement costs may he passed Oilto the teu:mt ac
long as tits increase dues not auaount to more than tell pere11
cnt i
of the tcu:nis' cxi%tiug real." Other hmiluuonc. an
capital improvenieaal p:rcc•Ihroughc are that they are necescaty
for the "health, safely, :Old wellare of the tenants or rcaiOnably
accessary to prevent the deterioration of the properly •s
:wd
that llte inq,ruvemen►s do not constitute nor ial upkeep Or i
' tl
.1
a'IJ., 328 A•2d at 32.
eb. 1975),
='Prince curge's Cty., had„ Ordinance C0.19.1975, § 1011(t) (p
C1
Seca!sir, NIMLO Modcl Itch( Colluol Ordinance § 12.8o8 (l*-) (1975)• y
a95uch provisions were uphill as a reasonable exercise of the Iwlicc power 1
in A1Gigcsc 1'. Jcisc} Cl{v;127 N.J. Super. 316 A.2d 483 (1974). r
'Clirtun, N.J., Ordinance 4249.74, §9 (June 1973): D.C., Ordinance
1.157, §205(a) (July 1975); last Orattgc, NJ., n972)icc 1. §Ilcihld(,
(1974); Mon,gmnety Coy.. hid., Code. § 29.56(a)
Ordinance 4173, § 10.6.08 (1973).
.74, §9 (June
';Clifton, NJ., Ordnance 42491973); Cast Oraogc, \J..
Ordinance 1, §2:38.16 (1974); htonlgonicry Cly., had., Code, §21)•56(a)
(1972); Rockville, hid., Ordilialice 41.73, § 10..08 (1973).
42MOntgomcry Cty., Md., Code, §29.56(a) (1972); Itockvillc, hid.,
Ordanatacc 41.73, § 10.6.08(a) (1973).
repair:" Irnllher, sorts on{in;utcec'• stipulate that in detennin•
inI whether a not increase is jusliried, in more than eighteen
percent (19"") of the capital improvement costs shall be included
in.;uuued uperuling expenses.
Au important consideration in determining hardship
iucrcacec is Complttatiou Of rate of return. Guidelines •for
dcicrminiull how to ccnnpule the rate of return are lacking
in
most Ordinances. 'rile burden of establishing &
therefore. often been placed with the refit control board.
�nqueolly, however, there has beep dissatisfaction with the
ttudelincc estahhchcd and the Cothere
have had to Talc upon the
adequacy of HIM guidelines and/or recommend guidef
lines o
lheie own.
A recent challcuge to ;a decision of the D.C. HousinR'•Rcnt
('ui»minion aptly illustralcs the problems in tine area. At tilt -
rease
farsl slagu of the prnccedingc the request
imrroTher a talaodlordhip c thou
was denied by the he ring '
petitioned the D.C. !lousing Bent Commission for l was tower
that decision. The pctilhon was denied and :n app"
in the D.C. Superior Court .a9 Vitt concrete standard -hid beell i
fornaulaled by the C'onumicsian and the pleadings were replete
with disagnenten►s as to what items should be included in floc
operational costs. wil,it coltstituted a reasonable return, and tl>e
mclhod for enmpuling the rate of return, The Court-retmandcd
the matter to the Conunicdon for a decision within thirty days•
In so doing. the Court ordered the Commission to forntwatc
standards fOt Computing the rate of return. The guidelines
ere based
l's
rurmcdated by the CoamuSilwof Columbia case,
in Karrick r. Gintrill. 46 'ndDistct
rules in Karrick, predicated upon thosd cstablisltcd. in Hirsch r.
the following steps . for determining a
Weiner," set forth
'sl:astOra ngc,NJ.,Ordinancel,§238.16(1974).•
"hlontgooaery Cly.. lad., Code. §29.56(a) (1972); Rockville, !Id,
Ordolance VI.73, § 10.6,06(a) (1973)•
`sltootcr Y. Jc+:Ai+ts & Polk. C.A. No. I407.75 (D.C. Super, Ct. Crv. Div.
1974).
16 S I App. D.C. 176.277 p. S78 (1922).
41116 Misc. 312.190 N•YS.111 (1921):
r• tea, .
remonable rent:'" 1) Determine the fair market value of tile I
properly; 2) determine gross rentals: 3) determine ,operatting {
expenses: 4) deduct llte gross expense frothe grass
m rental
to
derive the net rental, from which :I percentage of income can be
cotupuled on the fair market value of the property. 'rha
expenses to be allowed in computing the operational costs were
outlined in I@sck v. Itrciner and followed by the U.C. (burl of
Appeals in the Karrick decision. These guidelines were the basis
for those established in the new U.C. Rent Stabilization 1'rogran,
Transitional Act"
These ordinarily consist of payment lot taxes, water rates,
insurance, jannor's services, necessary legal ex1voses made by
the landlord Incidental uI inamtainmt; his right to ptrssesslon.
and necessary expenses actually Arid out for collecting rents;
also payments fur otLessary supplies incidcnt•lo the use of like
premises, such as oral, gas, and electricity, and also uccesauy
current repass for the year. Ailowalme should be made for ions
of rents by reasons of vacancies or tenant fadipg ro p:rya
Allowance for annual deprceration, if established by the ptouf. I
should be made suss, the far market value of the buildings do I
Also at issue in these two decisions was lice question of i
what constituted a fair raid of return. 'fltc New York Court i
based their decision un the percentage returns avnihible in -other 1.
generally accepted forms of investments. This practice was I
premised on tlu: notion that ,Itlllc investor in real estate, if
building,of houses is W be encourage, should at leas' get as !
Intl 11 mconic from real property, will, all its attendant Double. i
as a investor in mortgages on really and franchises."" 'Phis
pr3ciice was followed in the Kurrick decision. '
Considering, therefore, the haiards of the business, the value of
money at the limscul lime, :old the prevailing rates of interest
in the District of Columbia, we third: that, if like set iuconte
front the rental fells below 6%n of the value of lire leased
property, it should be treated as amfiscatory.'s
"Supra note 46.51 App. D.C. at 181,277 F. at $83.
„§204(B)(July 1975).
•. SOSupra note 47.190 N.Y.S. at 116,117.
"Supra note 47,190 N.Y.S. at 116.
SaSupra note 46. 51 App. D.C. at 180, 277,F. at 582.
0
I'he sl:uulards u t liirth in these cases have been followed by the
cotirts in. Eder dveisilnls," And though the basis for the
decisionk was not given in two New York cases.'.' the Court held
that a nlininuuu return of six percent (67M over and above
operating costs oil assessed valuation of property was adequate
and not all unconstituliolryl taking of property. And, where
provisions for exceptions to the maximum base rent increase
have slated only they shall be "reasonable" and "necessary or
proper the courts have upheld them as lawful and adequate
slandards,ss
Similarly, the standards for adjustment of rents provided
for in the general rent control statute of Massachusetts as well as
tile' rent control ordiu:utce for the Town of Brookline were
challenged in Marshall !Grose, !ne v. Rent Castro( Board of .
llrookline.'s 'file L•tus required that adjustments be made to
assure a "f;tir net operating income:' one of tl;c provisions dtd
not define the teen hut. listed factors to be considered in
determining what constitutes a.fair net operating income. The
other defined it as "that income which will yield a itturn, after
all reasonable operating expense's, on the fair market -value of
the property equal to the deli( service rate gegerally available
front institutional first mortgage lenders or such other rate of
return as the board. ;in the basis of evidence presented before it, .
deems more appropriate to the circumstances of the case."" In
upholding the validity of both provisions. the -Court - found that
hoth assured Tile landlord a reasonable return on hit
saF N. Tonal v, Vemi, S3 App. D.C. 363.290 F. 338 (1923);Kennedy
I3ros. It Sinclair, 52 App. D.C. 398, 287 F. 972 (023); Kress, r7ar:Lp: do
I,arie. Lid). P. Gowning, 193 1. Supp. 874 (D,St.Thonus&- St,john,1961).
'4Alesuorandum Uecnioos: Feiner I•. •OfTec of heir' Conirol, 27 \.Y 2d
692, 262 N.C.2d 217 (1970). Plana ,tJgnu, Co. v. My Rent Al ency, 31 App.
Day.2d 347, 298 N,Y,S 2d 162, of%d.25 N•Y,2d 630. 306 N,Y,S.2d 11.254
N1.2d 227 (19(19). Ter also Uucho MO. Co. Y. Temparary Sr, fLR.
Cqurntii, I I N,Y.2d 469. 230 N.Y.S 2d 977 (1962) where 06'retum was
uphdd.
S`Jenwiuuart I'. Nrmcr, 16 N.J. 500. 109 Ald 640 (1954);Crenewkz V.
l igham, 34 N.J. Stiller. 1, 111 AN 293 (1955).
'a266 NX.12d a7601als.1971).
" W. at 887.
r-
L
I
invest111cnl•s` Further the ('hurl stated that the de"lliti"us wete
not uncnnstilutionally vuguc, but rather "Ole flexibility
er
contained in the defittitismsOn was list other Itceded nnd,ltileltaiidulirustlu
rent control effectively.'
be followed by the (tent Control Adnninislraror it the Mi:uni
Ilcacll, Florida, ordinance were held invalid as so fixed and
arbitrary that sufficient discretion wa:, not allowed "
D. Adininistratimt of Rent Control
Regardless of tits type of incrcusc granted, landlords arc
limited to the number or increases thaj play be granted in one
for .111
particular time {iCrioJ "t Willie procedures for applic:ttior w lions
increase are quite varied, the Glontgomcry County 1
scc:n to be tits most comprehensive °t 'rite ordinance MillifCs
that the landlord lilcrequest thcodaterrof ins casC' The request
at Icast thirty clays prior
must Uc :tccontpanics► by an affidavit Containing tits f 111mviac:
a) operating expenses for two years. b) anticipated red rent
t
cxpcnces for twelve
Icttliilhtr) I'ecsrtnt uul'tiucoud utu�proposed
tl srrinnla
schedule; • d) ,rs; (] schedule o
facility: e) vacancy rate for preceding two Y' 1 0l' Chi
• current leases: and g) any other necessary JCLtik. A Copy
affidavit, must accolupauly the I'lle to lit o: Ili
lit: tenant e
the request for an increaw. 1'hc lcnatit or other 'nlcreste
parson has thirty Clays it, whiell to file a eonuucnt, lu addition, ltt
landlord lilt, meet willor s oC reducsttto fil nl incortorlto expla
tt natty within 'thirty day 1
the basis for the request. A decision on the request shoutd
Q
i
madc'withill furtyfive days im011
and at no lints s nuts. +1vUiclsclnst• +
r
i snakint cxtcuri beyond M*vculylivc days. A{ I Public hearing.
4 ix lilcsl wilhm tcu days• shall be followed by a
This decwiIII�lll wall bccotne final unless aptscaled within ten days
to tits C'ouun►scion on LanJlorJlCcnant Affairs. Front hers,
i decisions mulct be appealed to the Cucuil Court for Montgomery
{ (')untyr
Other ordinances• ++'Inilc lacking ttte Jctait of �tlu �tonl• '
gomrryCounty O �Jilicalion ln;ltearilip. and proceduralgilifflar notice-6 lluwev r.
concerning tUc Ill
Ibere play be tlifferenccs in little lirttita. nil and the titer and
bodies to +vhom appeals at,: directed: the basic notice and
i hearing requirements s art the same• I'cnattics for vibluting
i provision: of rent control ordinance may Uc a maximum tint,
intprisonnlcnt, or both."
Cite adnunistration of rent control provisions has been
i Jelegttctl to special rent Cmtlrol boards or commissions. Some
•ordin:ulcer`s :Ire silent 01, the number of people that shall
} aoulprisc the board while otilcrs specify anywhere front live°• to
b ) niuc"' rocmbcrs. 1'yple,Illy, these -hoards are autlnoriteJ to issue
t i
61fioston, Glass., Otdin,u'ce Itegulatin} Ite`idemriaf RCa �s'�§,F Dc,l t97on
Gl ass. (:en Laws sit. 842. § 1.8. as acce lard by June 1973):
s se llen'ber 17, l 70: Cllflon, NJ..Oldn1 Ilse 4249.74, § 8 J,12
f el Ordulamuc 1.157. § 210 lhdy 1975)' fast Oran ca,Nd ., Ordinance
must be
I-
d l § 2.38.3 (1974) (nu bcaan; shall be had upkid., Ordinance CD•19.1974,
C I based on the Iccotd); Ptiucc George's Cly., kid., .,
d i § 1011(i) (1974). enalty psuvision that
ut ` "'In actwl( fur Iccltl'ery of excess rent under p
be provided that "iaillY pelsuu wlto demands, accepts, receives.or'tewins any
payment of sent in excess of the ulaxinmun lawful rent" shall be liable for
Ircaunluble.atu'nat
alte te Court held t
lspd in exccsuf'stttululy icmedyfor recoveing amount,
f a•'d
ss,lccord, Rent Control Ucl. I'- Gifford, 285 N.C.2d 449 (Mass. 1912).
s9Supru notc'56,at 8K9.
V. Fwte Towers, 305 Sm 2d 764 (I la. 1974).
6 roc City of A114111 1mch
s'Clifton, N.J.. Ordinance 4249.741 §3 (Jundld' )'. 12st 01,5190- NJ"
Ordinance 1,§ 2.36.10 (1974)',\inntgul»c'y Cly,•l
Rockville, Md..Ordinance 41.73, § 104. 09(1973).
(1973).• Sec alst' Itockvdle. hid..
saGtontgunlery Cty., GId., Code, §
Qrdinance 41.73, 110d6.OS (1973) and tit, NIG1L0 Model lienl Control
widen is discussed In Section C of this Chupler.
Ordinance § 12•S12 (1975)
there was a c car
i ,1laximuml lawli,l let's and fact 111.It payntcnts were made vo outing!
wnituut fraud did
mat picclude rocovesy. !lucid a l-urest Se. Uuusulg, true, 1
31fi N.C.2d SOS (Glass, 1974).
ssClIftotl, N•J•, Osdin.mce 4249.74, § 10 (June 1974): East Orange, NJ.,
O:dttlatice 1. § 2:38.1 (1974). 2(1972).
• s"Uoslun, Mass., Ordinance Itcgul,tling Itcsi1975),G1urtgamery Cty.
Ordmmce 1.157, § 101(a) (July
Code §29.9(a)(1972)..
89
L
1
i
rules and reg I S Y and u, supplY
ul:diuos. su, tl illfor l leompl mla"islancc, cunsu cr 11
1
lyding 11tc rent control t
)rudshil, requests, receive , ,. d, arc
fi tal unless -1 ( ! information to l:millunls and tell. nb• f
trd to the agency assigned to adutin{<tcr rent
provisions. Decisimis of the bean{ an: t t. held that ncilltcr
made. \Pith rcli
wnttul<, the Masstchusctls Supreme -Ij eo told l';tilh,
the Rant Control livard t or file lember, acted in 1•g tItl f for
their decN011% as lone
without mat{ce• and wilhuul cornq,lion.
livieliolt proviswns {t:"t`tl ,oluti,n wh {ch l w�ts tmlruactive
attention. An elucrgency 1euants occup)'ing
to Muy 29 I,)74 was inlw{cttotI tlof rally /trultt' Ciruq�,u4
So
D01•011,49 a. prcvcnting
,rot _,a by the Rent Stahilf�ation Law uC Ind rd
dwellings 1
long as' they continued to pay the rent to which the I:uullur
ol
was entitled` And
in,
,eldr)lhat eviction rf j,;jl�,lsReal ri, onlcrtrto
tra(or,70 th
Ile rent control 'let. The Court
COnVCrt writs from Imv :uul moderate n:nt:d units to Uig rrcn
ttolls
units was not :uuhcrued out , tirx.
Rasoned tllm n:novat{uu could
tM nentstfor r.< i iial 1Vl *.IiF%
through provisions rctµliring a t isl d{on resulting in. exec%Sive
Violations of cant control ile xec udc tenants in
rents have :dsu been litigated. 1'he far that execs>lec rents were
and wilh0ul fr'nd'r`rfrooltcollMing re:tuntablc
p;lid voluntarily ,rovided in the
lhrurd e, Purest Slrret lluusilic,
attorneys fees, costs, and liquidated dautagcs •ts i
Act. was aw,uded damages for reel
Similarly, :l lcu;utt `
uttnent
overcharges where the landlord ev,tdcd real Rgulalions t.
establishing ntuxintutll rental for 11Y "p01foris othenuse of the
and charging an additional monlh{y
furniture."
Ti 123 N.2d 130(r1ass.1075)•
irrn0,r r• RctU Cooled lid.. • 1974). .
4t358 N.YS2d '19 (CIv.Cl.1•Y•City
1 10314 N�•2d 118 (�►Oss. 1974).
-� �01316 N.E 2d 505 (51assf.2d 727 (Ist ('ir.
.1r174). '
73rorde Y. United Stmcs:189 IqS 1).
gn
eteo
lti sum
uuuarv• nacruus cities have ellaeuleda tcunrgency
when lack Or:tv:lilable housing
of eoRrgcn
silo:lliun. Wheret►te exislcnae ally found vacancy Mill
cics hrs teen
eh:dlr ngcd, the C'uurts have usu;
sunicicltlly law to ju,tify the enactment of lice otdutanee, and,
when c.dkd-upon to intc�t`ru,licriould s trOvisions of these laws
they have, for lftc nwst 1: I
G Amlysis of N111L0 Atnde) Rent Co:tttol Ordinance
'file rent control laws (f tltoff flowing tltisRent Control
were a+cd in ih Mlis aryland:
ordin:mce, printed here as Appendix C:
btoolgootcry County, rlarytail Prince Village, laorid'a'tandtEast
hind: District of Columbia: North f3aY
Orange, New Jersey. ,,adicatcd upon an
All rent control ordinances cite ( such as the
eutergency situation. Ihus. a dcModel it of findings.
one found in § 11.801 0( lltti Model, is rssenoff to and a the validity
of the ordinance.
sim�r;tR ecl:tllrishcd bytathis,ordinan e. Tile
Control Ccnu»lsjudlord and
I'sxccutive Director of tile
h nplcment tg•tttadm Office
have
major responsibility
enforcing this urdin;;nee: the Rent Control Commission steal
assist him in lhd
c�e ulics.
Basic Rot increases 'Ile tile in Section 12.808.
Available to ail those covered by the ordinances is the basic six ,
` fueh Gas, water and
percent (G`hJ. il:cRasc?` us well as an increase commcnsura e
with :uty actual cost increase of electricity,
P ca 1tc,1
,,ill% a or taxes'` in the Rural unit. for those landlords or
whom chi, increase
s`is might sufficient. begranted?1+arTitis method oC
1 inipromuclit increa
I
i
7$re ScNtul, A of this chapter fur a discussion of tillergencysitua
tions.
I NF E 12•803,12•804. - •
1 ssScr lr 1:•806.
"E I2.808(A1(C).
Is 12.80R(D)•
79,12.808(G).
91
9
increase' seems to insure te returim
''tuod'tmatt tgcln e,t tattn�sullrawldcht is
any of the ineellIves for g
likely under the alternative rate of return n,elhod nlin• t
Mnonl: tile'clever,t'acl�?�'ul:dhinlprrveluenlc'tand major
hardship increase are:. )
Rhabililations.. 2) rate of return to rile landlord:
unavoidable ehangcs in operaliug and maitttcu;u,cc rxpenscs.'
IallowedIllftir a rider'tile tardinancc,ttl4` r directed Wall lt it) the
increases
not he based oil a hearing I1. not band
Director of the Landlord=l'cnanl Uffia'e"' 'I'hc Dircctor+•iuilia
decision may or play
Oil a hearing, an appeal of that decision ;unomaGcapy entities
the aggricvc8 party. to a hearing before the pirCctor.`a if flu
aftirin
initial decision is based• upon re hearing, then the Rent ('outru
Una'IUSInn$, and orders mode by the Uirecl tell
Commission may either schedule a hcaru,g or y the 1 y
the findings, C
Further appeals must be taken to u Court of Contpclen
jmisdictiop.•s ; , tlieable
Any person who violates the orslinanra; shall bo liable for
triple the amount by which _rile rent exceeded wii cif vent is grater."
rent ceiling or for fifty dollars (SSO),
R not in decincil excess rrfiltY ve•I�mdredIni"tdollars or )mpriso utunt tgotolniocly
not
days "
a nteed rate of letuiu is hie- mited 1 the .12control
4O (1975)tuta
used by, the District of Columbia. D.C., Ordinance 1.157,
n§ 12.8120).
r§ 12.8121C).
a§ 12.812(L).
µ§ 12.812(G).
12.823(A).
+'§ 12:823(D).
92
a
WAPTGR V1.
Al'1'LICA1'IUN TO COiVUO�IINIU�IS OF OTHER
NJUNICII'AL ItIiGULA:rlONS OF l'ROPL•RTY INTERESTS
As a r0illt of the hybrid Corn, of ownership Crcalcd by
cnnJuntinnm,s questions arise as to how existing legislation,
itllcnded I'nr the uutre contuton ormsts Jcof o n ership. illi 1
applied it, the Cundonlinitun. Rego
eminrnt domain, coning, and subdivisions will in one way or
;mother affect the condominittul and will be the subject of
ttiscusciun in this eh;fitter.
A. TIXBttnn
In flu absence of express provisions in the condominium
Icgislution, asccscmci,t for properly tax of condominiums is
u,u;dlY done in either of two ways: (!) an individual assessment
h unit, ineludhlg the proportional interest it rile Common
of eae
clea,rnt�; blanket asscssnunt of lee entire con -
or (2) a
dotniniuu, plojecl.
The MIA plodcl Act pri)eisions seems to adequately allay
ally douhts as to the uuthods to be used by the local uca,:ssor.
Faclt apartmeol and its perCculagc or uudtvidcd inleresttetl and
l tile
common area and facilities shall be devoted (u be a W
shall be subject Im seiutale asscssnun► and taxa Sri Y Dies
assessing nun and special d�sirtct for ail ' ad
autlsor led by law iucludtng but nut limited to speciallate
valorem levies -and Spector asscssntents. �eitltcr flu budding,
pu,perly. our :Pry 'If tlu couuuun areas and facilities dull be
deemed to be a Parcel?
file FIIA will insure a ntnrlgage only '•lf the family unit is cussed and
t
subject la assessment I nt a taxes pertauting only to that unit:' 24 C.F.R.
§ 23426(d)(3) (Sup11.105).
j a FI IA Model Statute § 20.
93 .
j
I
't
L
-A
ORDINANCE. NO. 3CO
ESTABLISHING A MOBILF HOME 'PARK REVIEW BOAM
AN ORMANCE OF THE CITY OF SAN JUAN
CALIFORNIh, CP1:ATI%IG A MOBILE HOMF PAFM, MVIrW
BOARD, MIA) ESTABLISHING THEIR MeMPS AND
RESPONSIKILITIFS (URGrny)
THU CITY COUNCIL OF THE CITY OF SM JUAN ChMTRANOo CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds and determines that:.
A. - There is presently, within the City of San Jua-..n
CAipistrano and the surrounding areas, a shortage of !Pace:for
the location bf mobile homes, resulting in a low vacancy rate
and rising space rants.
• B. Mobila hone owners have invested substantial suns
in their mobile homes and appurtenances.
C. Alternative site -for th-- relocation of mobile
homer arc difficult to find, and moving and installation of
mobile homes is expensive, with• possibilities of.damage to the
units.
This Council does, accordingly, find and declare that
it is necessary to protect the residents of mobile homes from
• unreasonable space rent increases assessments and
unreasonable rules and regulations, recognizing the need of
mobile home park owners to receive a "fair return" on their
investment and revenues sufficicrt to cover any increased costs
of repairs, maintenance,. insurance, upkeep and add--tional. amenities.
•
SECTION 2. Definitions.
•
A. "Board" means the 14obile Home Park Review Board
• established by this Ordinance.
B; 'Park" means -a mo-bila home park which rants
spaces for mobile hone dwelling units.
C.- "Owner" means the owner, lessor, or designated
agent of a park.
D. 'Resident" means any person entitled to occupy a
-
mobile home dwallind unit pursuant to ownership
-th-treof'or a rental or lease arrangement with the
owner of the subject dwelling unit.
E. "Rent" means the consideration, including any
benefits or fees, in connection with the use and
occupancy of a mobile home space in a park, or the
tranqfci: of a lease or rental agreement for park
space, services auid amenities, or subletting, but
exclusive of any amounts paid for the use of the
mobile home dwelling unit.
• P. "Assessment" means the unit allocation of the cost
of installing, improving, rej)airir.g or, maintaining
any capital improvantont-i benefiting the rosidcrkL.
• SECTION 3. L-VaLjcabij2i-y.
The provisions of Lhis Ordinance :;hall not apply to any
park whtch'containa fewer than 25 slinces.
i
SECTION 4. Mobile Home Park. Review Board.
A. Mobile, Home Park• Review Board Created A Mobile
Home Park Review Aourd Lor El-e C Ly is hereby Created.
B. Membershi1: The Mobile Home Park Review board
shall consist or a total of five (5) members. Two (2) shall be
resident electors who are mobile home owners; two (2) shall be
mobile home park owners, operators or managers, who are not
required to be resident electors; and one (1) shall ,be neither a
mobile home owner, mobile home park owner, operator nor manager,
who is not required to be a resident elector. A quorum shall
consist of four (4) members, and any action of the Board shall ,
require an affirmative vote of not less than three (3) members.
C. Dutics:. The Mobile -Home Park Review Board shall
undertake and hnve We following duties, responsibilities, and
functions together with the powers incidental thereto:
(1) To meet upon the filing of a petition by
residents or an owner requesting a public
hearing concerning space rent;, pursuant to
Section 9 herein.• ,
(2). To 'receive, investigate, hold hearings on
and pass upon the subject petition.
(3) To make recommendations to the City Council
relative to parks concerning adjustments to
space rents.
(4) To undertake such other d:ties as may be "
assigned by the City Council.
SECTION 5. Membership. ,
A. Appg£ntmcnt: Members of the Mobile Home Park.
Review Board shall he appointed.by the affirmative votes of not
less -than three (3) members of the City Council, and shall be
resident electors of the City, except as -expressly provided
herein.
H. Service: Each inember of the Board shall serve
for a one (1) year term.
C. Removal- Any member of the Board may be removed
from such office, wwith or without cause, at any time, by the City
Council. No such removal shall',bc effective unless a motion to
that effect, mado•at a iecular, adjourned regular, special or
adjourned special meeting, in carried by the affirmative votes of
not less than three (3) members of said Council.
_ D. . Mectin%za: Eftept as expressly provided ,in this
Ordinance, the BoarCshall establish the time and place of its
regular mceL•ings. All such meetings shall be conducted in
accordance with the provisions of the Ralph M. Brown Act. The
Board shall adopt rules for the transaction of its business and
shall keep a record of its proceedings, which shall be open for
inspection by any mem')or of the public.
R. Absence of Memhern: Any member of the Board who
is absent, without s,ofiicient cause, from three (3) succecsivo
' regular orct£ngs of tite Board shall be deemed to have vacated hi:.
office.
An abnonce due to illness or an unavoidable absence
from': the CiLy shall be deemed an excused abnenco of sufficient
rauso provided that notice thorcot in givrei to the Secretary of
Utu board by such member, on or, before the day of any regular
meeting of the Hoard. ,
• w2
Q
F. Organization: The Board shall annually elect one
' of its members as Chairman and one: of its members as Vice -Chairman. I
Said election shall take place at the. first regular meeting in
May of each year. '
G. Vacanoias. Qualification of Successor: Whenever
a vacancy occurs on the Board, suet vacancy shall be filled in
the manner set forth in Section 5(,1) haroof. Whure a vacancy
occurs leaving an unexpired tckn',,the subsequent appointment j
shall be made for the balance of such unexpired term.
R::cept for the removal of a Board inember; as providiA '
'in Section 5(C) hereof, or vacancy due to absence as provided in
Section 5(C) hereof, notwithstanding the expiration o£ the tern j
of a Board member, such r.,es'cer shall continue to servo a.,
until his successor is appointed and qualified. 1
This Section shall not'apply to City employees or
elected officials, appointed to the Board by title of their I
office. I
• H. Compensation: Each member of,the Board shall 'be
entitled to such -compensation as may be set by the City Council.
Such :nembers shall be entitled to reimbursement for expenses
incurred in the performance of their official duties, if the same
is approved, in advance, by the City Council. The Board shall
not have any authority, to cxpend•or authorize the expenditure of
any public funds, except with the. prior expres, approval of the
City Council.
' I. Terms: '. I
(1) SxDiration'of Terms'. The term of a Board '
Mir shall expire on April 30 of the
designated expiration year. I
' (2)• Continuation in Office. Each member of the
Board holc�Z'ng such of-7ice as of the affective
date of this Ordinance, shall continue in
• such office for the term to which he was
appointed; provided, that the provisions of
this Ordinance shall control and govern such
continuance in office.
J. Secretarv: Tito City Manager shall designate the
Secretary of the Boar-cT.— lie shall provide appropriate clerical ;
assistance'for the Board, and shall be responsibla for the
maintenance of all its permanent records. ,
h' SECTION'6. Assessments, Rules and Regulations.
• There shall be no imposition by the owner of any
• assessments, nor the adoption of any rules or regulations relating
to personal actions, age limits, add the health, safety and
welfare of residents, until such assessments or rules or
regulations have bean approved in writing by residents representing
• more than fifty percent (50%) of the spaces within the park,
oxcluding management space.
SICTIOV 7. Space Rent Ihcreases.
• Upon receiving a petition concerning a space rent
increase pursuant to section 9 herein, the Uoard shall make a
preliminar- investigation to determine if the affect of the space
rent increase would exceed the cost of living increase for arty
12-month period. If the subject space rent increase does not
exceed the cost of living for any 12-month period, the Iloard
shall reject the petition and shall not hold a public hearing
thereon. If the subjcct space rent increase exceeds the cost Of -
living for any 12-month period, the Hoard shall schedule an public
hearirig to determine the necessity and justification for the
subject space rent increase. Recommendations for any such
increase shall be based upon the subject park's gross sptnce rent
receipts iiultiplied by the cost of living increase (Denartment of .
Labor Cost of Living Index applicable for Orange County), divided
by the number of spaces. There shall, moreover, be no more than
one increase in space rents during any 12-month period.
SECTION 8. Review and Hearing Process.
A. Upon the written petition -of an owner, or of
residents representing more than fifty percent (503) of the
spaces within a park, excluding management space, concerning
assessments, rules and regulations, or space rents, the Board
shall hold a public hearing in accordance with Section 2.3.15 of
Ordinance No. 293.
B. . The Board shall make its decision no later than
ten (10) days after the conclusion of the hearing and forthwith
submit its findings and recommendations to the City,Council. .
C, The City Council may, based upon its findings,
require the owner to modify the assessments or rules and regulations,
or to reduce, increase, maintain, or modify the space rant.
D. Any space rent increases which have been collected
by an owner pursuant to an increase which is the subject of a
petition'fdr hearing and i)hich is later determined by the City
Council to have been excessive, shall be ,either returned to the
residents or cpdited to future space rents, provided that no
increases collected prior to the effective date of this Ordinance
shall be returned.
SECTIOti_9. Separability.. .
If any :section, subsection, sentence, clausa,'phrase•or
portion of this Ordinance in for any reason held inval4d or
unconstitutionat by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and an independent
provision and such decision shall not affect the validity of the
remaining }portions thereof.
SECTION 10. Penalty. _
• Any person violating any of the provisions of this ,
• Ordinance shall be deemed guilty of a misdemeanor, and upon
conviction thereof shall he punishable by a fine not to exceed
•five Ilurdred Dollars ($500) or by imprisonment for a period of
not more than six (6) months in Lite. County jail, or by both such
fine and imprisonment.
01
SP..CTiO:f 11. Effective Datc.
Ordinance to preser,vo the health, I
This is an Urgency
safety and welfare of Lhe City of San Juan Capistrano, and shall,
The facts canstituting '
accordingly, become affective immediately.
If the normal time sequences for the
the urgency are as follows:
adoption and referendum period are observed, an
t
introduction,
owner will an opportunity to defeat the intent and purpose 1
the welfare of residents.
of this urdinancc to the detriment of
'
' SECTION 12. Clerk's Certif_ ication•
The City•Clerk shall certify to the adoption of this
in the duly designated
,
.:
Ordinance and cause same to be posted
within the City of San Juan Capistrano within
f
posting places
fifteen (15) days after its passage.
' PASSED, APPRGVED TuAD ADOPTED this 7th r^ day of
to
.�
_. March 1979 , by the following vote,
•
AygS: Councilmen Itausdorfer, Schwartze,
• Duchheim and.mbyor Fricss
NOES: None
ABSENT; *.Councilman Thorpe
v R
S5, MA.
KENNE,fI E: FRIFo
t
�
ATTEST:
•
js t� /
�-
CITY CLERK
i' STATE•OF .CALIFORNIA )
COUNTY of OItANGD ) Ss.
)
1
CITY OF SAN•JUAN CAPISTRANO
• I, DIARY ANN 11ANOVF.R, City Cler;: of the City Of sac -Juan
the foregoing is a•
Capistrano, California, DO ACRF,UY CERTIFY that
copy of Ordinance No. BO , :idopLed by the
a
true and correct
. n Capistra/ caiifornia, at
City Council of the City of San Juan no y of .
6e
+
regular meeting thereof held on 7th
1979
'
' (SEAL)`uVF�:It�CLL'ItY,
DIARY ANN�)IANO ,
d
. _ti _ __
{
ORDINANCE No. 386
• AMENDMEN'P TO OP• i1:Al:CE :io. 380 - ESTABLISHING `
A- yOgZj,j- 110:iF NAEiK Ri:VZE i HOARD
' AN ORDINANCE OF THE CITY OF SAN aUAN CAPISTRA."IO,
CALIFORNIA, AM -ENDING ORDINANCE NO. 380
i f
SA
THE CITY COUNCIL OF THE CITY OF N aUAN CAPISTRANO, CALIFORN'A,
DOES IIERF•BY ORDAIN AS FOIiLOWS: i
� t
SECT N 1. Amendment. i
A. Section 6 of Ordinance No. 380 is hereby emended
to read as follows: •1
«Section 6. Fees. Assessments, Rules and'Redulatio=s.
ti t b_ rhzrSCe any fee fcr -th_r
A resid::nt s..a. nc.. � , '
than rent, utilities, anti incidental reasonable
charges for scrvir_es actually rendered. A deoositt
shall, moreover, not be charged a security t
nor a fee for entry, installation hoo$up, or t
• landscaping (except as specifically persritted ;
• under Section 790.37 of theFurtherCode) as a j
condition of any tenancy. fees or
shall be no imposition by the owner of any
assessments, nor the adoption of any rules or
regulations relating to Personal actions, age
limits, and the health, safety and welfare of
residents, until such assessments or rules ,
• regulations have been approved in writing by,
.residents zepresentirg more than fifty percent }
(50%) of the spaces Within the park."
g, ection BA o£ ordinal.ce No. 380 is hereby a+Wended
i:
by dclating thc•yords: I.
« ...in accordance Witlt Section 2.3.15 of Ordinance
No• 293."
SECT1011 2. Effective DAIr.
ill farce
9'11ia (u d l 1w nco nhA t l take effect. and ht• '
30 days after 1tn pausago.
� 6RCT7Oti ]. C2ark' n Cert:f:i'raeion. '
The C i t y Clark sh::l i curt s t y t u t In• •+• "ptlt ,tit Hated a'
Or d i nand and Card((• :tame to hu poatt'd i u tit dilly ) t
panting places within the t•11y of ut .luau C,jpJPitaAlto within
35 (lnytt After 111t
1„utaagci.
"':titI _5h (lily of
PA^S:U,gAppltoVll) Aie) ADd, to iits
17+1 , by tlrt followiuti vriv�•
AYla:t—Counc3lwt'n at:hv.,n in luu:hht,fut and
Mayor 1111tsuu
Naito
` Alt;:lai'I't .ceuitctilWinn 9'luwt,.t
• All' J'Alttt t'rnnu' �Pt'tll It,au„t'•tl.�t�� - I y
Z
• ' Y�.'1:11111:'1'll•I .1.1'Itll:;':�,,"lAl'111;- --•-• � �
• A7"r0!-Tt , +
. I 1
961 i
-
AN ORDINI-MI: OF ViC CITY COI.:CCII, OF III:: CPFY OF VACAVIld.t:, STATE
' OF CAi.it'01tMA f•.STAMISIUM- It 1:0111I1.1: I:JM Im" R1:Vnu coniasslo:i
A.
Tile City Council of the City of Vacaville doe: ordain as folJocn:
1:rmtl 1. There is presently within the City of Vacaville and the
'
r'
surrrornding areas, a sh:rtawe of Spaces for the location of mobile Lanus.
iacausea of for ahortaEe, there is a low vacancy r•tte, and rrntc have bce:n for
i !
Y I
ai
'
several years, and are,presently. rising rapidly and causing, concern zmonrst a
J V
+�+ •� �:•-,
substantial number of Vacaville: residents. 1lecause of the high cost of roving
,
}q'+ •� y' rt
ncbile homes, the potenti::l for dlimare, rt•sulting therefrom, the: requirencits
1t
a v
relating to the installatlon of vobile Louses, includiu I, permits , landst'apingej
� J
C,
and site preparation, the lack of alternative ho::c�siten for szabilc rest-
a
dents•and the substantial Investment of Mobile houic:ouccrs in such holes, the city
,
-e
,council finds and declares it necessary to protect the owners and occupiers
of mobile hones from unreasonable rent increases while: at tbe•same tia!e. recoo
;x
-nixing the need of the park o:•ners to receive a "fair return" on their invest•-
i
iaent and rental increases sufficient to cover the increased cost of repairs,
i
=intenance, insurance, upkeap.and additional auwenities. '
SECTION 2. Definitions.
(a)' "Board". Tk:e hobile Howe Rcnt: Review Commission board established
by Section 4'of this ordinance.
` (b) "Commissicners". Commissioners of the Mobile Home Rant Itevic.r
1
6mmission.
`
(c) "Space Rent". The consideration, includie•.z any bonus, benefits
or gYatuity demanded or recuived in connection with the.use and occupancy of a
;
mobile horse t:paca in a mobile home park, or for the transfer of a lease. for
'
park space, services and n:,renitics, subletting and security deposits, but cx-
t
'
elusive of arty amounts paid for the use of the mobile Plums dwelling unit.
I
t
.
(d) "!labile home park o••ater".or "Ot.•tter" mcans the owner, Iissor.
operator or manager of a mobile luoalc park uithin the purview of this ordinance.
';Mobile home tenant' or "Tt-nant" V.cano tiny person entitled to
occupy a mobile home dwelling unit pur!.uant to ownership thereof or a rental or
�•
lease arratiremeut with the owner thereof.
{
SIYM0.14 3. 'Appllcability. The provislutitt of this ordinance nttnll
toot iepply'to nny mobllc home park which containn fcurr thntt 25 cpacen.
ra
t
;cent revue- co:rmtuotuu
created Within tilt* CCIy of 'rr r, rent
revile COMISsiOn, c011si.ting Of fivC L0.•InhnfS, LIH• 17••,dbership of which 1;1131l br
appointed by the City Cuuacil to uoeve at tale Cttuncills pleasure. _
.
(2) One member shall he mobile park tenna at nd shallbe selected by
• the council from a list of no more than three applicants t;upplled through the
I
mobile hame tenants association.
i
I
,(3) One nem!!er shall be ;t mobile park o-mier, operator or manager all
j
shall be selected by the council from a list of no more than three applicants
!
through the +:obile,home part: owners and nperatars association. ..
supplied
(4) The third, fourth and Cifth members shall be neither mobile park
c
owners, operators nor managers and shall bt'selected by the council from
tenants,
• II .,ist of applicants at large.
(5) e s full time resident within the. City nc
Each member shall b
Vacaville.
(fi) Commissioners shall serve for terms of 3 years except that of
those members first appointed by the council. the Members who are the at large
members shall ba appointed for terms of one year, ti:o yenrs'and three years
respectively, the member Who is the park owner, Operator, or manager for a tend
Who is the mobile home tenant for a term o£ three
' of three years, and the member
'
years. A member chosen.to fill a vacancy created other titan by expiration of a
•
term, shall be appointed for the unexpired term of the,member whom lie is to
;
succeed. it nember of the commission shall be eligible for reappointment until
Elie or she may have served two full terns without interruption. A vacancy in tilt*
'
! commission sb-all not Impair the right of the ><emaining members to exercise tilt* •
i
r i '
•�
powers of file commission. tour mcinbrrs shall constitute a quorum provided that
.
the tenant member and the owner member are present. Three affirmative votes are
/ required fora ruling or decision.
the
,(7),
commissioners shall not be compensated for their service on
commissiop but shall be entitled to fcceive the sum of -thirty dollars ($30,00)
per person per hearing and a tnaximu9 of sixty dollars (00.00) per day, wlietl
Iles ring, compinints hors the ter' "nth of a park with rerpect to a rent increase
by tlid park oimersilip 16 hereinafter provided.
t
fiECTlU11 5. rowers at the comatusion, ttithin tile. limitations provided
by liikl Llle tomilinition allall have the following powers:
(1) To mien ft'Am time to time an requented by the City Itannger of the
}
City of Vacaville of upon the filiu{; of a petition, and to utilize. city offices
,
t
and or incilitie;l as nccdude ,T
(2) To "rcccitignre, hold hearinf;n on and upou, the pctlr-
• -
•• tionn of mobile hom(. tenanca ns (:l•t forth in 0,16 urdinance.,
(3) To mike or conduct such iudependent hearini;s or inventi{;ations an
erty be appropriate to obtain such infurr.aLion as it: nt-es�:(ry to carry out [hair
duties.
(I,) To adjust maximum rents (:1.ther upward or downward upon cocpletion
1
• of their hearinW—nd investigations.
• (5). To render at least semi annually, a comprehensive written report
to.thc 1,acaville housing /tuthnrity concerning their activities, rulings, actions,
j
results of bearings and nil other ratters pertinant tm this ordinance which m.•ty
' be of inrevcst to the council.
• �;
(6) To adopt, promulgate, amend and rescind ndministrat:ive rules to
effectuate the purposes and policies of tiie ordinance.
" �+
(7) To maintain and keep at City 11311, rent revue hearing files and
dockets listing the time, date and place of hearings, the parties involved, the
i
i• addresses* involved and the final disposition of the petition;
:
• ($) To assess such nmountt: of money'Again4 tits petitioners,or re-
�
, R
spondents upon the conclusion of hearing, as may be reasonably necessary to eom-
r
t
} pensate the cambers of the co mission in accordance with the provisions set forth
In Section 4(7) not to exceed the total sum of three hundred dollars ($300.00).
�.
SECr104' 6. Initiation of Cornission Review and Hearing Process.
E (1) Upon the written petition of more Chan 50 (50%) percent of the
tenants of any mobile home pail: exceeding 25 spaces, who will be or have been
1
within a ninety (90) day period subject to a rental of service cl+arge increase,
the coccuission shall hold a hearing no sooner than ten (10) days and no later
4han thirty (30) days at A place and time to be bet by the cbr.,aission, to detgr•-
}
..�' mine whether or not the rental or service charge incrcasa Jo so great as to be
t ;
~f unconscionable or an uareasunnble increase. A reasonable continutince may be
i'
granted if stipulated to by both parties or at the conmintiiau�sdircretion.•
j
(2) Tile petition shall be accompanied by a cash deposit in the sum
i3
l
of three hundred dollars ($300.00). All or any part of which may be assessed
i
or the petitioners for aunts -pursuant to Section 5(C). The balnncc if any
shall be refunded upou the conclusion of the heariul; nud t.ubmission of findings
+•
:
by the cumminnion.,
•
(3) l►pon receipt of the petition, tha cucualunion aball notify tl+e perk
t
j
• (•.�.•.�... In urt_tlurt of the Petition avid shall require from the
I
all br part Of whirls sa:» Hass;c.csysl of:olinft. the respond.•ats f" ccls.n lilt s,stt
is ect.loa Skit). 9ht bai.nu:t• if Tiny slsall be ed upon Lite conclunioa oS the
hearing and submWtion of fi_ndiu;;s by the coxxtis:..ion;
i
(4) Ali. reset •revuu hearin4ss sha1J ho open to the puhlic%
. (5) All pariies to a hearing may h;tve au1Jstance lit presenting t:vid:•ace
or in setting forth by argument their position, from an attorney or such other
person as rs^.y be designated by said parties.
;
(6) ln'the event that either the petitioner or the respondent Anuld
fail to appear at the hearing at the specified tirse sand place, the -comnivnJtin ray
hear and rcvur_ such evidence as nay hd presented and naive such decisions
+ y 1 just as
!
If both parties had bec-if present.
'
• (7) The cor•.sci3sion -hall make it final decision no later than tea. (10)
days after the conclusion of its hearing on an/ petition. No rent adjustment
shall be Granted unless supported by the preponderance of .evidence submitted at
r
the hearing. All parties to a hearing slsall be sent a, notice of the board's de-
cision arid a copy of the findings upon which the decision is based.
(8) Pursuant to the findings, the commission shall require tlu mobile
home park ouitor to (a) reduce the rental or :, ervice charges to a rate to be de-.
• tersnin:d by the co6nission (b) continue the rental or service charges as they
•
: existed under the former lease or rental arr•tngement or, (c) to increase the ren-•
s
tal or service charges to a rate set by the cortmission or to the rate requested
j by the park o-.n er.
(9) Any rental or service, charge increases which have been'collected
t
,f 'by a mobile home park owner pursuant to an increase which is the subject of a
II
petition for hearing and•Rhich in later determined by the coruols�lon to lsttve ileen
excessive. shall be either returned to the tenants or credited to future rental
Charges.
;
t (10) •ln evaluating the rent increase pr6posed or c.fected by the park
'
owner. tlse coturtisslon shall cousidcr increased costa to the owner attributable
+
Fin increases in utility rates and propetcy taxes, insurance, advertising.
governmental ansessmcnts, coat of living, increases attributable to incidental
'tt services, normal repair and maintenance, capltal improvements, upgrading and
i
anddiLlon of ausmenttics or services as well au fair note of return oat iitvestraent
and increnaed property values.
(11) The -conclusions nitd Undlugn of the cousniswslon shall be final and
there ahnll be no appeal riglstu to tisc city cuuneil.
k
�!;1:L'1'IQtl !. ;:Cpal'a9Ulill)'. In any nec.lJun, :ubu•`ttL?n, :;enlea�cu, C1au::c,
` �
• phrat;e-or Portion of th' "_'inance J4 for tiny re•:t:;on held it l"•l or unconstitu-
tional by any court of competent Jurisdic-tion, such lioi•tiott iaiall lit'. ueemed' %
sel>aritto, dt-jlinct and an provirion and such decit.lon :;ha7J. not a££cet
tite validity of the remaining portions thereof.
I
SECTION Ji. lhtless extended by further Counell Action, thin Ordinance
shall expire and -have no force and effect on and after January 1, 1981.
• SECTION 9. The Mayor shall sign Lite ordinance and Lite CJty-,Clerk
'
shall at.teat thereto ::nd shall cause the ,^sae to be published once in the Vacaville
Reporter, a newspnper of general,circulation In the City of Vacaville, and thirty
• (36) Jaya thereafter- thts ordinance nhall take ef.£ect and be in force According
4 ;i
to law.
• AYES: Councilmembers arroll Oillt- _
Van Loo and-Mnvor Jones
NOES: Councilmembers Ilassing
ABSENT: Councilmembers h1one
• ARPROVED:
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Y 11
k. "
11
Barbara J Jon s,
ATTEST:
eke
C L. Crannen, City Clerk
•
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_ �wr yY..•• • 5
ORDINANCE no.:751
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY Or RIALTO, STATE OF CALIFOt13dIA,
ESTABLISHING A I40BILL• HOJ;E RENT REVIEW
;`�•�:;1y C0J4ttISSIOii
i
e��; THE CITY COUNCIL OF THE CITY OF RIALTO DOES ORDAIN AS FOLLOI,
,6 SECTION 1. There is presently within' the City of Rialto and the ;
surrounding -areas, a shortage. of spaces for the location of mobile homes. Be- 1
cause there'is a shortage, there is a low vacancy rate, and rents have been .1
8 I
for several years, and are presently, rising rapidly and causing concern
9 ,I
amongst a substantial number of Rialto residents. Because of the high cost of
' 10 � .
moving mobile homes, the potential for daioage'resulting therefrom, the re-
11 .
quirements relating to the installation of mobile homes, including permits,
i
12.
landscaping and site preparation, the lack of alternative homesites for mobile
13
3 home rdsidents and the substantial im�estment of mobil homeowners• in such J homes, the City Council finds and declares it necessary to protect the oerners
and c•.cupants of mobile homes from unreasonable rent increases while at the 1
16 the need of the park owners to receive a "fair return"
� same time, recognizing !
1
on their investment and rental increases sufficient to cover the increased
Ig
cost of repairs, maintenance, insurance, upkeep and additional amenities.
.19 '
SECTION 2. Defi.nitions.
• 20 •
(1) "Commission". The Mobile Home Rent Review Commission estab-
21
lished by Section 4 of this Ordinance.
22
(2) 11Mambers". Commissioners of the Mobile Home Rent Review Corrmis:, �
sion.
24
(3). "Space Rent". The consideration, including any bonus, benefit25 s t
or gratuity demanded or received in connection with the use and occupancy of r
26
' mobile home space in a mobile home park, or for the transfer of a lease or
. 27 i
• park space, services and amenities, sublctting•and security deposits,•but w` `
28 .
L
0
i! exclusive of -tn, mounts paid for the use of, th, oile .home dwelling.unit.
2 (h) "Ibbile Ilona: Park Oemer".. The owner, lessor, operator or
3 manager of a mobile home park; within the purview of this Ordinance.
4 (5) '"!Mobile Home Tenant" or "Tenant". Any person entitled to
• 5 occupy a mobile home dwelling unit pursuant to ownership thereof or a rental
6 or lease arrange.•nient with the owner thereof. ;
. SECTION 3. Applicability. The provisions of this Ordinance -shall
7 ti
8 not apply to any mobile home park which contains fewer than twenty-five (25) ;
9 spaces.
10 SECTION h. Rent Review Commission.
it (1) There is hereby created within the City. of Rialto, a Mobile
12 Home Rent Review Commission, consisting of•five (5).members, the membership of
13 'which shall be appointed by the 'City Council to serve at the Councils
14 ' pleasure.
One member shall be a mobile home tenant and shall be selected
• 16 by the City Council from a list of no more than three applircants supplied
17 throi!gh the Mbile Home jenants Association.
18 (3) One members shall be a mobile home park: owner, operator or }
19 manager and shall be selected by the City Council from a list of no- more than
20 three applicants supplied through the Mobile Home Park Owners and Operators
21 Association.
22 (4) The third, fourth and fifth members shall be neither mobile
23
home tenants nor mobilehome park owners, operators or managers, but shall be
selected by the City Council from a list of applicants at large.
24
• 25
(5) Each member shall be a permanent resident of the City of
26 Rialto. '
27 (6) Vembers*of the Commission shall serve for terms of three (3)
years. Three members, who are the at large members, shall be appointed for
.28 •':
2 I �rrms of one ycar,'t,wo Years- and three yeati
rs, vel YS the ir<mber, who i
the mobile home ,,:rk owner, operator or manager, shall be appointed for a
3 term of tii►•cc (3) years; the member, who is the mobile home tenant, shall be
4 appointed for a term of three 3
• (�) years: A member chosen to fill a vacancy
5 created other than by expiration of a term shall be appointed for the un-
• 6 expired term of the member whom he is to succeed. A member -of the COMMission
7 shall be eligible for reappointment untilhe or she may have'served two full
8 terms without interruption. A vacancy in•the Commission shall not impatr the
9 right of the remaining members to exercise the powers'of the Commission. _
10. Three (3) affirmative votes are required for a ruling or decision.
11 (7) Members of the Commission shall not be compensated for their
'12 services on the Commission, but shall be entitled to receive the sum of
13, thirty dollars ($30.00) per person, per hearing, and a maximum of sixty
3 14 dollars 60.00 ' (a� ) per day, when hearing complaints from the tenants of a park
15 with respect to a rent increase by the park ownership as hereinafter provided.'
16 SECTION 5. Potters of the Commission.
17, Within the limitations provided bylaw, the Commission shall have
18 the following powers:
19 (1) To meet from time to time as requested by the City Administra-
20 for of the City of Rialto, or upon the filing of a petition, and to utilize
21 City offices and/or facilities as needed.
22 (2) To receive, investigate, hold hearingson.and pass upon tiie
?3 petitions of mobilehome tenants as set forth in this Ordinance,
24 (3) To make or conduct such independent hearings or investigations
25 as may be appropriate to obtain such information as is necessary to carry out
26 their duties.
27 (4) To adjust maximum rents either upward or downward upon comple-
23 Mon of their hearings and investigations.
3 •• ,
R
-1 (5) To render, at least semi-annually, a comprehensive written
2 report to the City Council concerning their activities, rulings, actions, re-
3 sults of hearings and all other matters pertinent to this Ordinanr cc which may
•• A be of interest to the City Council.
S (6) To adopt, promulgate, amend and rescind administrative rules t
6 effectuate the purposes and policies,,of the Ordinance.
7 '(7) *To maintain and keep at. -City Hall, mobile home rent review
8 hearing files and dockets listing the time, date and place of hearings, the
9 parties involved, the addresses involved and the final disposition of the,
to petition. ;
11 (8) To assess such'amounts of money against the petitioners or .
12 respondents upon the conclusion of hearing, as may be reasonably necessary to
13 compensate the members of the Commission in accordance with the provisions
14 set forth 'in Section 4, No. (7), not to exceed the to.al sum of three hundred 1 �'
15 dollars ($300.00), and to assess such amounts of money against petitioners'.
16 or respondents upon conclusion of hearing,_as may be reasonable to compensate
17 for clerical duties performed by the City Staff,, not to exceed three hundred
1S' dollars•($300.00).
19 SECTION 6. Initiation of Commission Review and Hearing Process.
20, (1) Upon the written petition of more than fifty percent (50%) of s
21 the tenants of any mobile home park exceeding twenty-five (25) spaces, who
22 • will be or have .been within a ninety (90) day period subject to a rental or
•23 service charge increase, the Commission shall hold a hearing no sooner than
24 ten (10) days, and no later than thirty (30) days,,at• a place and time to be
set by the Commission, to determine whether or not tha rental or service
25
26 charge increase is so great as to be unconscionable or an unreasonable in-
27 crease. A reasonable continuance may be granted if stipulated to by both
og parties or at the Conunission's discretion.
- 4 - 4 ,!
14,
1 (2) 'ins petitior shall be accompanier by a cash deposit in the -suln t
2 of three hundred dollars ($300.00), all or any part of which may be assessed
3 against the petitioners for costs pursuant to Section 5, No. (8): The
t
' 4 balance, if any, shall be refunded upon, the conclusion of the hearing and
5 submission of findings by the Comunission.
6 (3) Upon receipt of the petition, the Commission shall notify the
7 mobile home park owner, operator or manager in writing of the petition and
8 shall require from the respondents a like cash deposit in the amount•of three
9 hundred dollars ($300.00), all or part of which may be asses"sed against the
10 respondents for costs pursuant to Section.5, No. (8). The balance, if any,
11 shall be refunded upon the conclusion of the hearing and submission of find=
12 ings by the Commission.
13 .. (4) All mobile home rent review hearings shall be open to -the
14 public.
.15 (5•) All parties to a hearing may have assistance in presenting = {
.16 evidence or in setting *forth by argument their position, from an attorney or
i
17 such other person as may be designated by said parties. `.
1& (6) In the event that either the petitioner or the respondent shoul a
19 fail to appear at the hearing at the specified time and place; the Commission
i
20 may hear and review such evidence as may be presented and make such decisions
21 just as if both parties had been present. ,
22. (7) The Commission shall make 4 final decision no later than ten
W (10) days after the conclusion of its hearing on any petition. No rent adjust-
ment shall be granted unless supported by ttie preponderance of evidence sub-
24
25 mitted at the hearing. All parties to a hearing shall be sent a notice of
26 the Conunission's decision ind a copy of the findings upon which the decision
27. is based.
28 _'^ (8) pursuant to the findings, the Commission shall require the•
t 1
2
3•
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5
6
7
8
9
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16,
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25
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a
mobile home p ai ner, , operator yr nmanager to
(a)• Reduce the rental or service charges to a rate to be
determined by the Commission.
(b) Continue the rental or service charges as they existed
under the former lease or rental arrangement.
(c) Increase the rental or service charges to a rate set
by the Commission, or to the rate requested•by the mobile home'
,park avider, operator or manager.
{9) Any rental or service charge increases which. have been collect-
ed by a mobile home park owner, operator or manager pursuant to an increase -
which is the subject of a petition for hearing and which is later determined
i
by the Commission to have been excessive,'shall be -either returned to the
tenants or credited to future rental charges.
(10) In evaluating the rent increase proposed or effected by the
mobile home -park owner, operator or manager, the Commission shall consider in-
creased costs -to the owner attributable to increases in utility rates and
property taxes, insurance, advert!-ning, governmental assessmaints, cost -of=
living increases attributable to incidental services, normal repair and main-7i
• i
tenance, capital improvements, upgrading and addition of amenities or services
as well as fair rate of return on investment.
s
(11) •The conclusions and findings of the Commission shall be final
and there shall be no appeal rights to the City.Council,
(12) Failure or refusal to comply %4ith the Commission's requirements
shall be a misdemeanor.
SECTION 7. Separability; ,
If any section,•subsection, sentence, clause, or phrase or portion
of this Ordinance is for any reason *held. invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate,
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a
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3
-, 4
5
6
7
.8
9
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11-
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19.
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-distinct and- an, inaLdendent provision and such decizoon shall not affect the
validity of the remaining portions thereof.
SECTION 8. Unless extended by further City Council action, this
Ordinance shall expire and have no force or effect on and after January i,
1981.
URGENCY CLAUSE. ;
The Rialto City Council finds that public welfare requires that this r
Ordinance is an urgency measure and is therefore to take effect immediately -
upon passage for the reason that serious controversies have arisen between
mobile home park owners and the.tenants thereof which are'detrimental to the
welfare of the residents of the City of Rialto and that, if allowed to continue,
'threaten to endanger the health and sa"fety of the residents.
PASSED, APPROVED and ADOPTED this 24t•h day of 7111v
1978.
LVI�t R. MEC', Mayoti-
ATTES
i SAMPS N!,.�..�.,��.l�t
PFI` , City Cler ✓ ;
APPROVED As T-0, FORS ��:
W E. C00�i[3S, City Attorney y
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss.
CITY OF RIALTO
I, JOSEPN-H. SAMPSON, City Clerk of the City of Rialto, DO HEREBY
CERTIFY that the foregoing Ordinance No. 751 was duly passed and adopted at a
regular meeting of the City Council of the City of Rialto held on the_�w•day
of Jttly 1978.
Upon Motion* of Councilperson r VES, ,
7 ..
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. .
� seconded by Councilpers ' the �
U ' ����� |
' = : foregoing Ordinance .' . . . .. . ^''^^_
� foregn1n VrU1 duly o uadopted.vote on �nn nocnon'
�
. , AY
4 .NOES:. mne .
. . � . .
`
' 6 IN WITNESS WHEREOF, hand and the Official.
'
. 7 Seal of the City bf-F5altn 'i'
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PH U. SxrpVa, cnty C�erx
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EXHIBIT
L
:� %•' , . :` ',
4 :. a . ORDINANCt3
An Ordinance of the City of Redl.11les. California
Establishing A 110bile Nome Rent Review Co=ission
Effectingg a Nobilchomc Space rent. Rollback but
•
providing space rental increases in keeping with
formula, described herein in keeping vith index.
The CITY COUNCIL OF Tl![ CITY OF REDLANDS. CALIFORNIA, DOES ORDAIN, AS F01104US: ;
SECTION 1. POLICY, A hearing conducted by the City Council Qf Pedlands, Ca -
instituting an action establishing a RF.LT RiVIEH BOARD, on N0411BER 7, 1978. .
The subsequent actions of said review board culminating in a 20 page report
dated, February 26, 1979. In keeping with ccrtairi data within said report,
and the concern of the RIMANDS CITY COUNCIL for the ippeais of the"P.E.SIDC•\iS
of the two major Ftobilchomc Parks' in Redlands, find it incumbent upon then to
Council Action to piotect the RESIDEM and KCBILEFO:tF PARK
•
provide positive
OiPNERS, alike in the economic pressures, produced by the LAWS OF SUPPLY AMJ
DDIAND, in the MOBILEUOME INDUSTRY which is basic in -the Public licalth And
Kelfare considerations of our Nation.
in-
111E REDIA:;DS CITY COUNCIL recognizes the reason for numerous, excessive
Redlands,Parks. The
creases in space rentals. The low vacancy rate within the
the investment of tha Mobilchoae Par"
•
investment of tile ]tesidcnt supercedes
it involves landscaping, Aurnings,Concrete.Brick Week and costly .
1
Owner, in that
moving and set up of the hobilehomo. All of,which has been done according to ,f
the Codes established . The absence.of available spaces to aecomodatc the owner•
a Mobilchomc who wistes.to escape the intolerable economics, has in effect
i
-of
made a captive resident of hin.This in turn has instilled in the owner an attitude
of PAY OR 6:OV6 YOUR COACH OUT. The MORATORIUM effected by'local legislation a
'
has denied the owner a place to go even if he could afford to mako the move. �.
'
RCDLIMS CITY COUNCIL Ar.SO itCCOCVIZES 711AT t:ORIi.LitO.dH PARK OS4NERS. are en-
i'he
titled to receive a just and reasonable return on -their investment. Choy arc
also entitled to increased costs in providing the services tley are obligated
'
to provide under the California -Civil Codo Chapter 2.5, dated January I, 1979.
•
Mir; REDLANDS CITY COUNCIL HAS DEVNED i<CCLSSARY AT WE PRLSENT Th:E. Legislative
controls be provided in the public interest, on•an interim basis. Pending a
taore approprinto response to the problems involved on a Staiewide basis by the
•
California Legislature or Electorate.
t
.... t
. j
SCCTIOM 2.-DUMITIORS:
•(1) "CoDII5SI0;1." 711C• :NOUILEHOMr: RENT REVIEW C01MISSIOy established
by Section 4 of this Ordinance.
(z) "Mctabers.+• Commissioners of the mobile home Rent Review Commission.
• (3) "Space Rent." The consideration• including any bonus, benefits or
or gratuity demanded or received in connection with the use and occupancy ,
of a mgUile home space in a robile hone part:, or for the transfer of a lease
for park space, services and amenities, subletting and security deposits. but -
exclusive of any amounts paid for the use of mobile hone dwelling tinit. 1
(4) '^Mobile Home Park Owner." "Owner," or"Landlord." The Owner, lossor, 1
operator or manager of a mobalo home park within the purview of this ordinance.
''{ a
• (S) "Mobile -Home Tenant" or"tenant." Any person entitled to occupy a I
mobile home dsraling unit pursuant to ownership thereof or a rental or lease i
arrangementjlith the owner thereof/ provided that each mobile home park space ,
shall`bc limitcd to one signature on a petition as set forth hereiniafter, not- 'I
withstanding the fact that a space may be occupied by more than one tenant. ,
SECTIO% 3. Space Rental Moratorium and Rollback. Beginning on the effective
date of this .ordinance and continuing until June 30. 1932, or until such time
date
as the State Legislature or electorate establishes a procedure for the adjust-
ment and./or regulation of space rents on along term basis, the roaxinau:m rental
and incidental service charges to a tenanteach month shall be limited to an ,
amount deter -tined by the following formula, provided that in no -event shall,'
rent increase more than once in any twelve month period.
FORXRILA f
• The'base monthly rental and service charges nultiplicd by a fraction. the
buaerator of which is the latest Consumer Price Index for all Urban Consumers ?
(,Los Angeles -Long Jeach-Anaheim :Metropolitan area, all items, Dase Period-
1967 equals lo0) (CPI) as prepared by the United•States Department Of Labor • ,
for the mcith which is two months prior to the month during which the calcu-
lations rest be made in order to give a 60 day notice to tenants as required ttl
by law• and tine denominator of whichshall be the Consumer Price index for all '
Urban Consumers ( Los Angcles- long L•cach-Anahei7 Metropolitan Areas, All
e
•Items. 0aso Poriod 1967 equals 100) (CPI) as prepared by tho United States
Department Of Labor as of Lilo month which is twelve (12) months preceding the
month used as the numerator. The "base monthly rental and service charges"
are -defined as the monthly rental and service charges that existed on January
the monthly rental and service charge that have subsequently been2,1979, or 1
charged pursuant to this Ordinance. Space rents shall not be increased beyond
the amount arrived at by application of.tho formula, cxccpt as provided in
Subsection (3) and (S) below unless any such increase exceeding Lilo formula
set forth above is approved by the commission as provided hereinafter. The ' }
taaxinum space rent in the City of Redlands shall be subject to the following
'pro•,,isions:'Ij
(1) For a space which was rented as of January 1, 1979. and continued to J
be renied thereafter to one or more of the sane persons, the rent shall not 1
exceed that in effect on January 1, 1979, except that rents may be ihcrcased �•
as provided above. The level of park services provided to the space on that -
date shall not be reduced.
(2) ror a space which was not rented as of Jntiunry 1. 1979. but was sub-
sequently rented and continued to be rented to one or more of the same persons,
the rent shall not exceed that in effect on the date the rchtal unit is rercnted '
after January 1. 1979, se long as such unit continues to be rented to one or
more of the same persons except that rents may be increased as provided abovo.
The level of park services provided to the spaco on the re-rentai dato shall not
be reduced. 1
- f
+ (3) I'or a space voluntarily v:lcatcd on or after January 1, 1979, and
prior to the expiration of this ordinance, if the vacancy was voluntary,i.e.,
not the result of, an eviction, whether for just cause or otherwise, or the
result of owner refusal to l•cnew q periodic tenancy of lease agreement, then
the rent may be increased upon the re -rental of the space. So long ',•s such
• space continues to be rcntcd to one or more of the same persons, such rent
shall not exceed that in effect oh'the date tiro space is re -rented, except that
rents roy be increased as provided abovo, Nor shall the level of the park
:services provided on that re-rcntni date be reduced.
• (4), For spaces vacated other than voluntarily after January 1, 1979,
the )rent for such space shall tiot thereafter exceed the rent in effect in-
inedintely prior to such involuntary vacation, unless the space is subse-
quently voluntarily vacated, caccpt ;hat rents may be increased as provided
• abovo. The level of park sorviccs'providcd prior to such involuntary vacation
shall not be reduced.
(5) .Rants may be adjusted by the commission t'o alleviate hardships`to owners
3£ they occur, under procedures set forth in Sections b through 7.
'(G) That portion of the maximum rental and incidental service charges that```
is allowable pursuant to this section shall be offset and•rcduced by two thirds_(2/3)
.of the excess of the arount.of real hnd.porsonal taxes and assessmcnts for the t
calendar year ending December 31, 1977,•over the real property and personal pro- }
yorty taxes and assessments for the current calendar year for which the rent
eomputation,is being made unless it can be demonstrated by the owner -of a Vobilc
• Home Park that such reduction in real or personal property taxes did not in fact r
occur, or in the alternative, that credits have already been granted to the tenants
in the form,of rebates, reduced rentals or the absence of any rent increase since
Doceiaber 31, 1977. ( Where increase would have been justified had the formula been
applied.) '
(7) Vothinp in this oecti+on shall apply to •any increase agreed to in a lease
-which was entered into prior to January 1, 1979.
SECTION 4. Rent Review Commission
• (1) There is,hereby ce:ated within the City of FcdIands, a l ililedfw fume Rent
Review Commission, consisting of five(S) members, .the mesbersllip of which shall be
appointed by the City Council to serve at the.Council's pleasure -
Individuals selected shall be 'chosen so far as possible from individuals
with no bins, and toward this cnd, members stay-bo-choson from non-residents as
well as residents of the City. In this connection Mobile Home Qwners, renters or park
owners should not be appointed unless the Council foals that such individuals,
not withstanding their involvement, would be fair and impartial -in-all cases.
(3) t1crbers of the commission shall serve indefinitely while 'this Ordinance
' remains in effect unless sooner removed by Council. A vacancy in the eorraission shall
i not impair the right of the remaining mcrbers to exercise the powers of the co--i*sion'
Three (3) affirmative votes are required for a ruling or dacision. llcaoers of -the
commission shall comply Nith Chapter of Redlands Municipal Code, in all
as where it is not ,inconsistent. with this Ordinance,
(4) All candidates for conraissionur shall disclose in a verified statement
all present holdings and interests in. real 'property, illclnding interests in Corpo-
rations, trusts,, or other entities with holdinl's in real property within this
jurisdiction as defined by California Government Code Section 82035. Such Disclo-
r suro shall be filed with the City clerk. not less thanten (lo).days after their
Appointment. Disclosure of- holdings required heroin shall be, in addition to -any
other disclosure required by State or local law for holders of Public office.
(5) Memcbers of the commission shall not W compensatcd for their services
eq tho commission, but shall be entitled to receive the sum of thirty dollars
($30.00) par person, per hearing, with a rlaximllm of sixty dollars ($ G0.00)
per day, when hearing complaints Iron the tenants of n pars, with respect to a rent
increase by the Park ownership as hereinafter provided. '
x�
SECT104 S Powers and duties of'the fo:uaission. Within the limitations provided
by the law, the eo+:.mission shall have tlic following powers and,dutics:
(1) To neat from time to time as requested by the City Man; or of the City,
of Redlands, or upon ti:e filing of a petition, and to utili:o City offices and/or
facilities as needed and as available.
(2) To receive and investigate, hold hearings on and pass upon the petitions
of mobile home tenants as set forth in this ordinaco.
(3) To make or conduct such independent.hearings or investigations as nay be
appropriate to obtain such inform, as is necessary to carry out -its duties,
and to dcicgnte its power to hear individual rent adjustneor petitions ss its in-
dividual members as hearing examiners or to panels of one or more cfindings of ..
The board shall review and -ako final.doterninat.on based upon the findings of
suelt hearing exa+ainers or panels. ( According to Cal. Civil Code Ch. 2.5 )
(A) To 'adjust maximum rents either upward or downward( but in no event may
rents be reduced below those in affect on J.-nuary 1, 1973) if it finds them ex-
• cessively high, or make no adjust:aent upon completion of the lhearings and inves-
tigations.In evaluating wnether the rent increase proposed or effected by the
mobile hone park o•+ner or manager is or is not excessive, ti:e commission shall
consider. among' other relevant factors, changes in costs to the ouncr attributable
to increases or decreases in master land and/or facilities lease rent, utility
rates, property taxes, insurance, advertising, variable mortgage interest rates.
governuental assessments and fees. incidental services, normal repair and main-
tenance:"and other considerations including but not limited to. capital inprove-
vents, u?grading and addition of amenities or services, net operatinisincome,-is
well as a just and reasonable return on the owner's property.
tcnt with
.the amended California Civil Code Chapter 2.S)
(5) To render, at least seni-annually, a written report to the City Council
concerning its activities, rulings, actions, results of hearings and all other
matters pertinent to this ordinance which nay be of interest to the city council.
(6) To adopt, pronh�lgate, amend and rescind administrative rules of procedure.
Nothing in -this iubseetion shall be construed as nutl:otity for the commission to
make any rules affecting tlhe substantive rights of either owners or tenants,
(7) To maintain and keep at the City Hall, mobile hone renihe varti.csaring
iavolved
files and doctets listing tlhe tine, date and place of hearings, p
and the final disposition of the petition with appropriate findings.
(8) To assess such amounts of money against the petitioners or respondents
-upon the conclusion of the hearings as nay be reasonably accessary to recover fees
and costs of the members of the commission in accordance with the provisions set
forth in Section 4, Paragraph 5, not to exceed the total sum of three hundred -dollars
($ 300.00 ), and to assess such additional amounts of money against petitioners or
respondents upon the conclusion of the•heari.ng, As may be reasonable to co+apensate
for clerical duties under this Section, not to exceed three hundred dollnr,($300.00)
+ or a combined total of not to exceed Six ilundred Dollars ($ 600.00)
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SECTION 6 Initiation of commission-Review'anei licarinr'I'roc6ss ,
(1) Upon the written pctition'made under penalty of perjury of more than fifty
pereent(SOS) of the tenants or 'lily ::obile home park, who will be 'lflecccd by :� pro-
posed rent. and /ur scrvicc charge or litho have been affected by a rental or service ,
charge Increase ulhiclh is subject of tile petition, provided said petition is filed
within thirty (3 h days after tlhe receipt of notice of the proposed increase or
thirty (30) days after the effective date of this ordinance, h+Ihich ever is latch,
Lilo comp:ission shall hull a hearing no sooner than tcn(10) days, and no later than
thirty{So) day:: after receipt of said petition, at n place and time to be set by the• !
commission, to determine whether or not the rental or service charge increaso is so
great is to be excessive. A reasonable conGluinlhcc may be granted if stipulated to by ;
botlh parties or at the Commission's discretion.
(2) Nothtithstanding 1'araigr:iPh (1) above, Lilo terms of this ordinance shall
not apply to any space t'rntal increase which is equal to or less than the n:aount
arrived t.ilY :111'i'1�nhh3 thQ fohnurnshillhitta1Pplystoliauyl1hicrcarclagreedtlto intaticaso :
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i (3) The petition shall he acconpanied by a cash deposit in the,sua of
three hundred dollars ($300.00), all or any part of which may be assessed
against the petitioners for costs•pursttint to Section 4, Paragraph 8. The balance
if any shall he refunded upon the conclusion of the hearing and submission of
findings by the commission.
(4) Upon receipt of the potitiou,,the commission shall notify the mobile
home park owner, operator or manager in writing of the petition and shell require
from the respondent a like cash deposit in the amount of three hundred dollars
($300.00), all or part of which may be assessed against the respondents for fees
and costs pursuant to Section 5, Paragraph S. The balance, if any shall be paid
or refunded, as appropriate upon the conclusion of the hearing and submission of
findings by the Commission.
SECTION 7. Conduct Of Commission Poview Anti Hearing Process ;
(1) In holding said meetings, the commission is bound by the provisi-ins of
the Ralph M. Brown Act of the State Of California Section 54950, et seq.,(Cal%iornia
Government Code.)
(2) All parties to a hearing may have assistance in pres=t•ing :vidence or
In setting forth by argunmcnt their position, fron an attorney or such other
person as may be designated by said parties. All witnesses shalt be sworn in prior
to giving testimony.
(3) In the event that either the pctitioncr or the respondent should fail
to appear at the hearing at the specified time•and dace, the commission may hear
and rcv1cw such eviee=r as may be presented and make decisions just as if both partic
had been present.
,(4} The commission shall cake a final decision no later t1;3n tan (10) days
after the conclusion of its hearing, on any petitfan. No rent adjustment shall be
granted unless supported by the preponderance of evidence submitted at the
hear-ing except as provided by Scction3 above.
All -parties to a hearing shall be sent a notice of tho Commission's decision. ,
(S). Pursuant to the findings, the commission shall require the mobile home
park,otrner, operator or manager to:
(a) Reduce the rental or service charge as they existed under the foaaer
leas* or rontal arrangement, or
• (b) Continue a rental or service charge to a rate to be determined by the
C*mmission, or
(c) Increase the rental or service charges to a rate set by the commission,
or to the rate rcquested.by the mobile home park owner,
operator or manager.
(6) filte provisions of this ordinance shall apply to all owners of mobile
home parks, Including owners of mobilo home parks who acquire ownership at any
time subsequent to January 1,1975. However the provisions of this section shall
not apply to a mobile hom'c park that opened or will open as a nc++ mobile home
par3, on or after January 1, 1978, until such park attains seventy percent(10:)
occupancy. For the purpose of Section 3, the monthly :meal and service charge
that existed in -such new mobile home park on the month itrricdiately following the
Month in which the park attained seventy percent(70.) occupancy shall be treated
as the ctonthly rental and scavito charge that existed January. 1. 1979.
(7) Nothing in this ordinance shall require n mobile home parkowner. or
his or her agents, to raise rents or charges to the tcnants. Further, a park
owner or his or her agents, utay raise rents and chargcs to tenants by a lesser
amount than is allotted by the formula contaiucd in this section.
e
-- Sr 1.
.(8) Any incrcase in space rental which has occurred since'January 1, 1979
and prior to the effective datcof this ordinance which increase is subsequently
disallowed by tine commission, shall be either rebated to the tenant thirty (30) days 7
after the decision of the commission is announced, or credited against the next rent
due after the effective date of this ordinance and any suceecdine months until full
-credit for the increase has been applied.
• (9) The conclusions and findings of the corcnission slial'1 be final and there
shall bc,no appeal rights to the City Council.
SECTION S, Tenants rights of Refusal. A icnant nay refuse to pay any increase ;
in rent whit, is in violation of This ordinance provided a petition has been filed
with tho ccivaission and approved by tho commission after a hearing, and such violation
shall be a defense in any actionbrought to recover possession of a rental unit of to .
'collect the illegally charged rent increase. This shall be the solo and exclusive
remedy available to an aggrieved tenant.
SECTION 9. Retaliatory Eviction. Notwithstandtng Section 3 above, in any action
brought to recover possession of a rental unit the court nay consider as grounds for
denial any violation of any provision of this article. Further tine determination
j that the action was brought in retaliation for the exercise of any rights conferred ;
by this ordinance shall be grounds for denial. Any action brouht within three (3) No.
of the dctermination of a petition or complaint filed with tine Board by the tenant
pursuant to this Ordinance shall be presumed to be retaliatory: this presumption
affects the burden of proof, and is rebuttable by -the owner.
SECTION IO.Severability. If any provision or clause of this ordinance or the op-
plication thereof to any person or eircuactanc is held to be unconstitutional or
to be otherwise invalid by any court of competent jurisdiction, such invalidity shall
not nffeet other ordinance provisions or clauscs or applications thereof which can be
i.)1cancntcd without the invalid provisioh of clause or application, and to this epd
the provisions an& clauscs of this ordinance are declared to be severable.
SX-CTION 11 Non= Waiverability Any waiver, whether written or oral, by any beneficiary
ny
of this ordinance, or aprovision of this ordinance, shall be void as agaihst public
Policy.
SECTION 12 Effective Period Of Ordinance. This Ordinance shall remain in effect
until Juno S0, 1932, unless sooner rcpcalcd or otherwise modified.
SECTION 13 Effective Date. This Ordinance shall be in full force and effect thirty (30)
days after passage.
SECTION lA Publication . The City dlcrk is hercbyo ordered and directed to certify
to the passage of this Ordinance, and to cause skmo to be published once in the t
Daily Facts, daily newspaper of general circulation, printed, published ana.eircu-
lated in tine City of Redlands, California.
Adoptcd,this day of 1979. 1
'Ayes: • • ' . -
Noes:
Absent; !.
Attest. CITY OF REDLANDS. CAI.IFOIt m i
Byvoputy City Clerk•• NAYUII,
• III:VI Ii1Vl:D 6 ,AI'I'IiOVI:D
i
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ORIMMIU, No.
•� ,;��' AN ORDiiIMII C• ADDING C
,:�`. ' •� "' SA ITA BAsRBaft), COMITY CODE , I.•TDOS NG vs
p NCO:IT?OL ON 11OB11E,_..:iOME PAMIKS
The Board of Supervisors of the County of S. nta`,
' �»itb .F bUr:iil:Si,icS
do ordain as follows: By:'rut;
SECTION 1.
Chapter 13-a- is added to the Code of Santa. Barbara CciuAty,
to read as follows:
Statement of Pu_•-pose. 1'<
"Section lla-1. '
1 "A growing shortage of housing units resulting in a criti-
cally 16w vacancy rate and rapidly rising and exorbitant rents
exploiting this shortage constitute serious housing pxoblens'ztfect-
ing a substantial proportion oL those Santa Barbara County residents
who reside in rents; rousing. These conditions endanger the public
health and welfare Of theCounty of Santa Bari',�a. Especially
acute is t-ie pxobleu of low vacancy rats and rapidly rising and �
exorbitant rants La mobilehome parks in the .COW -My Of Santa Barbara.
i -Because of Bach factors%and t?:e high cost 0.2 r,,oving zobileho:�4s, j
result-. g• th-refror•,, requi.rcn:ents relating
the potential fer da-�age
tQ the i:istallatior. of :^.ob;lahomes, i.:.cluding pe=-aits, landscaping
4
and .site preparation, the lack of alter: alive homesites for F,ob;1e
roves -
taritial .-te :t
hOme residents and the s,;bsof nobilehc�ne Owners
of Supervisors `irds and duclaras it neces-
iri such hon. the Board
sary to grotect tie OLJiaers and occupiers of amob-ftehoiiies frOn un—
reasonable rents while at the same t:Lme recog:Iiz_ng the need for
mobilelieme nark owners to receive a fair return on their roves"
and rent increases sufficient to cover their increased costs.
The purpose of this chapter is to alleviate the hardship caused
i
by. this problem by imposing rent controls in mobilehome narks
within the 'unincorporated area of the Count; of Santa Barbara.
"Section 11A--2. Definitions. '
"The following cefi:itions shall govern the construction
of this chapter:
" (a) 'Management' is the owner of a mobilehome park or
as agent or representative autbo_ixed to,ac- on h %ehalf in con-
nection with matters relating to a tenancy in the park.
"(b) 'Mobi.lehome''is a structure designed for human
habitation and for be-.ng moved on a street or highway, whether
1
`commonly referred to as a 'mobilehome' or as a 'tr-*-I.z er.'-
"(c) 'Mobilehome park' -is an area -of land wkere two br ,
more mobilehome sites -are rented, or held out.for rent, to acco=o--
date mobilehomes used for human habitation.
"•(d) 'Park' is a mobilehome park.
"(e) IRent" is any consideration demanded or received 4
-in connection with the use or 'occupancy of -any mobilehome site or ,
transfer of" a leaso therefor, jancludi ng-, but not liaited to,
amounts demanded or paid for parking, pets, furnitUre, subleasing,
or deposits. '
"(f) 'Rental agreement' is an agreement between the '
• •management and the tenant establishing the terms and conditions of
a tenancy. A lease is a rental agreement.
"(q) 'Rent schedule' is a staEemtrt of the rent charge,
for'each tenancy in a mobilehome park•
those facilities which enhance
W(h) 'Services' mea=s
L but not limited to,
the use of the mobilehome si,.
to water, utilities, security
repairs, replacements, main-:?---�
•. r�.-A bath and laundry facilities -
devices, security papa s,. .
=�s, refuse removal an. recreational
and privileges, janitorial ser:
r the : J.1ehome park. .;
and other facilities ill comnor. a: eas oJ.
*.(i} 'TEnancy' is the =fight of a, tenant to the use of
`
maintain_ and
a s�. 'te within a mobilehome•pirk on •�rzicz to locate,,
a mobilehom_ site improveIents and accessory structu es
a. a r �
occupy •
f the services and faci-
includiTg the use v..
for human habitation, ,
li•ti,es of the park.
'Tenant' is an owner of a robilehome in a mobile -
rent to -xara:
home park, responsible for payin g
„(k) 'Tenant majority is fif,.y
percent nlus one (?i
L Lamer of votes teriasits of a mobi'.ehoma pax'r.
vote or
more of..he `n _
• ,. the tame of voting. A tenant is entitled j
axe entitled to oast a.
to cast ore (Z) vote for. each riobilehome site that he is renting
in the mobilehone paw?c and that is 'occupied by a mob�leno:ae;
rovided, however, that no tenant who is a party to a .fixed -team
p.
rental agreement is entitled to cast a vote for the site that is
� a T:ze'tota?..rtp of votes tenants
the subject of the agreement.
ere entitled to cast. equals the total number of n:obilehona sites
r.:rted, occupied by mobilehortes and not subject to a fixed -term
rental agreement at the time of voting.
`
T — 7�
"Section 11A-3. Exemptions.
"This chapter shall apply as'o£ its effective date to
all mobilehome tenancies in mobilehome pares located in the unincor-
porated area of Santa Barbara County,,except: `
"(a) Tenancies used, pr:Lmarily ,for commercial purposes.
"(b) `Tenancies in mobilehome parrs of four spaces, or
fewer, where one 'space is occupied by the* owner.
"(e) Tenancies in mobilehome paxks, the construction
of which began after the effective date of this ordinance; provided,
however, that such exemption shall continue in effect For only •
five (5) years after such construction began. For the purposes
of this section, "construction" sh.11.mean the erection of structures.
-" (d) Tenancies which a goveriunent agency owns., manages `
or,operates.
f 7 --
- "te) Tenancies for a tzr:,i of only three (3) months or ;
less.
--" i) • Tenancies the' rental' of which is subsidized by any
.
400v"
errment agency, if federal or State law or re ulations ' • . g - pe�ta.�ning
thereto specifically exempt suc:i spaces from rent regulation. f
• "Section 11P--4. Mobile.home Rent'Control Boards.
- ".(a) There shall be in the. County of Santa Barbara three
mob"il.ehome rent control boards. Bach sac: board shall consist of ;
five regular members and three alternate members, all of whom.shall•
be appointed by the Santa Barbara County Board of Supervisors. Two
of the Regular members shall. be mobile home park tenants and. two shall
4
Y
�
bd mobilehome park management. T:�e remaining regular member and
one of the alternate members shall be Greed on by the tenant and
management members and recorLnended Ior appointment by the Board
of Supervisors. if such members cannot agree on such reco_-^.serda-
tions for appointment, the Board of Supervisors shall make such
appointments without recorm.endition. One of the remaining alter-
nate, members shall be a mobilehome park .tenant and the other'
. remaining alternate member shah be mobilehome parr management.
An .alternate member shall sit when the regular member, whether
tenant,, management, or agreed -on appointee, of whom the alternate
member is the counterpart, is absent or disqualified.
"(b) No member will be compensated for his services,
but the Board of -supervisors may reimburse members for their
zeasonable expenses of attending meetings.
"(c) One mobilehome rent control board will hear peti-'
tions concerning rents in mobilehome parks located in the first,
second, and third supervisorial districts of the unincorporated
area of Santa Barbara County,. One mobilehome rent control board
will.hear such petitions concerning mobilehome parks located in
the fourth qupervisorial district of- the unincorporated area of
Santa Barbara County. One mobilehome rent control board will hear
such petitions concerning mobilehome parks located in the fifth,
supervisorial district of the unincorporated area of Santa Barbara
County..
i
i
1
z
t
{
i
"(d) Each member shall serve a term of tuo (2) years.
However, no mobilehome rent control board members need be appointed
-5-
i
in any of the aforementioned areas until a petition is filed as
';
provided herein concerning rents in mobilehome parks in the
�.=tion. The period of
suparvisorial district or dis.._c�s in question.
_ time in which a mobilehome rent
control board -must decide a peti-
tionas provided in Section ' TT---7(a) hereof, will not begin to �g
run until all members of a mobilehome: rent control board for the
• superva.so_ a, district or districts in question have been appointed:`
prior to the time that all members of a tobilehome rent control
board have been appointed, petitio»s concerning rents in mobile -
home parks located in the supervisorial distrirt'or districts'in
question may be filed with the clerk of the Board of Supervisors.
"(e) Each mobilehome rant control board is eampowered.
to set and adjust maximum rents foI mobilehome tenancies in its'
�- �l area in acco_dance wi�,.il this o�-di_rance. }
•juzisdic bona .
"(f) The Santa Barbara Couxsty Boa=d of Supervisors May <
by^ resolution approve rules a^_d reg'at ations fo. proceedings before ;
a mobilehome -,nnt control boaxds• - - - '-
' shall constitute a quorum Qf, a mobile-*
" "(g) Three members .
home tent control board for the pu..rose of discussing any matter, 4
and (3) three affi=mative votes are required -for any decision,
order or . ruling . _ , . - .. - ... __ . -
"Section. 11.r�s-5. Ma-% m;m Base �er_t Sc:�edule. .
"(a) mobilehome nark management or a mobilehome park
tenant majority may,, within sic (6) months from the date this
ordinance becomes applicable to a park, file with the app_opriate
mobileheme rent control board a petition to fi c the maxi^ium base '
rent schedule chargeable in the mobilehome park which the petitioner ;
t r
resides in.
Ftanages or
n(b) The mobilehome rent control board shall determine
• said maxim= base rent schedule ;,-hi.ch shall become effective
r decision for every n teant of said
prospectively as of the date o.6
A ,tent . S aid
park who is not: subject to a fi_Yed--term rental ag.: _e. ;
inaxamtmz base rent schedule shall become effective for tenants
i
subject to fixed -term rental agree^e_nts.as of the date such agree-
; a inc--ease maximum base rent,
ments expire. However, manag�.en•-.ra Y 4
to the provisions of 51L�-5 and §11P_-9 of this
schedules subject,
ordinance.
o(c) A mobilehome rent control board shall, in deter-
info the icax:mi base rent schedules in a mobilehome park, take °•
mining
Yeleva *�t factors including; but not limited to,
- into • cons i de a iy; on r the services -and amenities provided in the par:-,; whether the park
-management in
pexmi.ts children or bets; the capital investn' of
,• ement's expenses of
the park; ma..ag operating the park; and an!
;1
the board for simi.]:az teran--
base rent schedtles previordsly set by y
• cies• in the sa..me area of, Santa Barbara County. 'The maxx.*ntmt b4se '
schedules so established shall provide management with a just
rent
t
and reasonable return. ,
"Section 11A-6 • Max i^..um Rent Increase, Schedules .
n(a) A mobilehome park tenant majority may, within i
iving notice front management of a proposcd
t:::.xty (30) days after rece
ent may at. any ti�re file
rent increase, and mobilehome park managem
M�
r-- , . _ _
r
with.the appropriate mobilehome rent control board a petition to
'fix the maxim= rent increase schedule chargeable in the mobile -
home park which the petitioner manages or resides in. �{
rent control board shall%dete=nine
"(b) The mobilehome
said maximum rent increases ch dine which shall become effective '
prospectively as of the date of decision for every tenant of said
park who is not subject to a rixed-term`rental. agreement. Said
Maxim= rent increase schedule shall become effective for tenants
subject to fi:sed-tern rental agrees -=ants as. of the date said agreA-
r
meats expire.
"(c) A mobilehome rent control board shall deny a
edule chargeable in
petition to fix,the maxiMIM, :cent increase sch
a mobilehome park unless the petitioner proves by a preponderance.
of` i:ne .evidence :
That the rent charged has increased fron the +}
maximu base rent schedule or any adjust.aent thereof previously
f ?
determined ined by the board in' accor3a.^.ca •aiwh this ordir-artce, ' or, 5
if no such detet-mination has been made, freza �,::ze rent schedule
iry, Ithe effective date of this ordinance; and
• charg.-d th ��, days from, .
"2) That the percentage -of such increase in relation
to the previous rent schedule is in excess of 75� (seventy-five
percent) of percentage by which e e Los•,% -:gales -Long Beach -Anaheim �
Metropolitan Area Consumer Price Index for Urban Wage Earners and
C �erical: workers, as reported to the U.S. Bureau of Labor Stat�JzCJ,
has increased since said previous rent schedule was first charged.
-8-
1
"(d) if the peti.iion is not denied pursuant to the
foregoing paragra-oh,.the mobilehome rent control board shall., in
reviewing the petition, consider relevant factors including,
'but'not limited to, increases in ma„agement's ordinary and
necessary maintenance, and operating expenses, insurance and repairs;
increases in property taxes and fees and expenses in connection
with 'operating the park; capital i*zprovements: increases in ser-
vices, furnishings, living space, ea_uipment or other amenities,
including a change in the part.' s . r0 e- peg :*sitting children
or pets; and the board shall allowmaximum rent increase schedules
in'excess of the percentage referred to in the foregoing paragraph
to the extent such expenses and expenditures of management justify
such increases and are necessary to provide management with a just
r . and reasorablz xe tu�•n. • ,
"Section 11a-7. Hearings.
" (a) P_ mobilehor-.e rent contz-ol 'board shali consider i
and a decide petitions' for fixing maximum base rent schedules or
maximum rent increase schedules within thirty (30) days of. the
filing thereof, unless a longer time is agreed to by all tenants
i and management affected. petitions shall be considered and
decided in the order filed.
" (b) No petition by teran- •majority shall be considered '
on its merits until the mobilehome rent control board.rules that
f::fty percent plus one vote or more of the votes entitled to be
cast Vere cast in favor of the filing of the petition. For the
-purpose of such ruling, the tenant majority will provide the board
with the names 01 the tenants voting in favor of filing and the•
number of votes cast by each such tenant. The board may also
request management to furnish. -It- with -the names of tenants renting
If
mobilehome sites occupied by a mobilehome and not subject to a
! "
fixed-termrental agreement as of the date of voting. The board'•
shall not reveal to management the names, of tenants voting for
�.
or against the fi'linr, of the petition.
�
{c) All meetings shall be open 1-0 the puialic and
notice thereof i.ven as required by la:
g r. Meetings shall be held
as.necessa� r to hear and decide pet tions.wi-th in the allotted tine.
"(d) A mobilehome rent cor_troi board shall notify the
opposing party of the filing of a L' thereof
- g petition on receipt the�eo�.,
-and as soon as possible thereafter shall notify both -
. y parpies or
• 'T
the, time, date and place of hearl:ig.
" (e) A mobilehome rerit cont'Col beard may require either
'
t
Party to a petition to provide it with all -pertinent books, records
and papers. However, management may substit~'-
u.s Zor production
}'
-of any'bpoks, records or pavers a statement by a certified public
accountant, made by means of affidavit o; statement under penalty4
of perjury, o what the inyormation sought from such books, records
and papers -consists.,
"(f) Any party to a hearing may -.be- by attorneys
or other persons of the party's choice. '
' "(g) No member of a mobilehome rent control board may
„ participate in the hea;.3.ng or' decision of a petition concerning a
mobilehome park .in which he resides or has a financial or manage- .'
ment interest.
_10-•
" (h) A mobilehome rent control board shall keep minutes
of its meetings and make an o`-ficial record of a hearing, which
record shall constitute the exclusive record for decision -Of the
issues at the hearing. The record shall be obtainable for the
cost of copying and shall include:. all .etihibits, papers and
docrents required to be file& or accepted into evidence during
• the proceeding; a list of participants present; a summary of all ;
testimony accepted in the proceed-:g; a state�•aeiit' of all materials
officially noticed; all findings of fact,the ruling on each j
exception or objection, if any are presented, all reconm ended
decisions, orders or rulings; all final decisions and/.or orders;
and the reasons for each recormerded and each final decision,
order or ruling.
" M Decisions of a mobilehome rent control board shall
u orted b a preponderance o the evidence. aearir_gs need t
� be s pP y :
aot be conducted according to.'technical rules relating to.evider_ce
and -witnesses. Fey relevant evidence may be admitted if it is the t
sort of evidence on which responsible persons are accustomed to
t
rely in the conduct of serious affairs, regardless of the existence ;
o;E any co*rnon lawor statutory rule which :eight make improper the
admission of such evidence over objection in civil actions.
"Section 11A-3 . Agxeer:ezts .
."clothing in this ordinance shall operate to restrict the
ri5`At of a tenant and management to enter into agreements providing
for a -fixed term and/or•a fixed rent for mobilrhome tenancies.
e
"Section 11A-9. Frequency of.Iricreases.
"Management shall not request, demand or receive from
a tenant more than the maxim== base rent schedule or any increase
thereof fixed by,a mobilehome rent control board. However, nothing
in this ordinance shall operate to require manage-ment tO petition
a mobilehome rent control board for approval of base rents or an
{
increase therein or to restrict management from fixing or i ncreas-
ing rents in the absence of or prior to the effective date of a �-
decision. by a mobilehome rent .control board, except that manage-
{
ment shall not increase rents in any amount more than once a year.
;
"Section 11A-10. Cost Savings.
"If management reduces or eliz-1inates • any service to a
•
tenant in effect on the date this ordinance becomes effective,
• management shall reduce each tenar_ts' rent by his proportionate
share of the cost savi_r�gs•due to such reduction or el=nination.
"Section 11A-11. Retaliation.
"Management shall not retaliate against any tenant
because of his assertion or exercise of any rights provided by
,
this ordinance.
f.
�y "Section 11A-12. Penalties4
f
"(a) Any willful violation .ow the provisions of this
chapter shall be punished by a fne not exceeding five hundred
dollars or imprisonment fo= a te^: •rot exceeding six(6) months,
or by both such E"ine and imprison, C. Every day any such violation
siiall continue shall constitute a separate offense.
"(b) Any tenant aggrieved by the willful violation of ,
4
,'any of the provisions of this chapter may sue thereon and recover
.actual damages therefor, plus a civil penalty not to exceed two
hundred dollars for each such violation.
"Section 11A-13 . Te=.L- ^.ation.
"This ordinance shall remain in effect until repealed
or, if not repealed, until,the vacancy factor in mobilehome parka
in the unincorporated area of Santa Barbara County rises to I
3% (three percent) or more.
"Section 11A-14. Seve=ability.
"If any provision of this chapter or the application
! thereof to any person or ci.rct-anstances is held invalid, such
invalidity shall not affect other provisions or applications of
the chapter which ca. be given effect without the invalid provision
or application, and to'this end the provisions of this chapter
are severable." '
SECTION 2.
The Clerk of the Board of Supervisors shall send a cony
of this o_dinance to each association of mobilehome park tenants
and management in Santa Barbara County that has made a request ,
i
therefor as of the effective date hereof. '
SECTION 3.
This ordina.*ice shall _take. effect..and. be in force at the
expiration of thirty (30) days from and after its passage; and
before the expiration of fifteen (15) days after its passage it
shall be published once,. with the names of the memhers ofathe
46
Board of Supervisors voting for and against. the same
in the Santa
Barbara dews -Press, a newspaper -of general circulation published
in the County of Santa Barbara.
PASSED, APPROVED and AMPTED this 22nd
day of October.
'
1979, by the following vote:
P!TES: Robert:-E. Ka -Liman, William B. Wallace, Robert L.
Hedlund and Harrell Fletcher
.TOES: David M. Yager
ABSL"11IT: None
s Chairman, Board
of A';pezt sz os r
of the County of Santa azliara,
State of California. li
ATTEST:
_
HOWAP.D •C.'.
COMITY* CL R ,F. -R=O tiDER �
aputy C2e=: -' RecorCar `J
APPROVED AS TO FORM:
'
GEORGE P . n,-DT'NG,
COMITY COMSEL
By
�
Deputy COIL1ty Counsel.
•,
4
APPROVED AS� TO ACCOLMI MG FORT•;rt
AUD.T.T OR-CONTR OLL :t
?T,�-'' -fl
N N
•
C
`
C N ...�1
.(
ORDINANCC iiO. EXHIBIT I--6'
1 AN OP,DINAilCE OF THE CITY OF OCE ASIDE
CALIFORttIA, ESTACLISHIM A MOSILE HOME
2 rAIII PP,ACTICES "Oi..MISSIOi1
3 The City Council of the City of Oceanside, California, GOES
4 HERESY ORDAIN as follows:
5 SECTION 1. Preamble.
6 A. There is presently, within the City of Oceanside and
7. surrounding communities, a shortage of .spaces for the location of
.8 mobile homes commensurate with the demand therefor., This ineoui-
9 table market situation has resulted in low vacancy rates and ccn.-
10 tributed to rapidly escalating rents. This situation has
11 resulted in serious concern, anguish, and stress among a si4nifi-
12 cant portion of Oceanside residents living in mobile home
parks.
•13 B. Mobile home owners are property owners with sizeable in-
14vYstments in their mobile homes and appurtenances. Collectively,
•15' tM mobile home owners have a greater investment than does the
16 I mobile home• park owner. The residents of mobile home parks con-
17 sider their relationship with the park owner as a Joint ro-_5in9
18 veature.
19 C. Alternative sites -for the relocation of mobile homes are
20 difficult to find due to the shortage of vacant spaces, th f re -
21 strictions'on the age, size, or style of taobile homes pe Litted
22 I. in many parks, and requirements related to the installation of
23 :mobile homes, including Permits,•landscaping and, site prepara-
24 tion. Additionally, the cost for moving a mobile home is sub-
25 stantial and the xish of damage is significant. These factors
26 tend to create a captive market of mobile horse owners and a great
27 it}balance in the bargaining i:: ; it ions of the ?ark owners and
28 . •,.
LESR REMIT
f
W1
Q
1 mobile home owners in favor of the park owners.
'2 D. This Council finds and declares it necessary to protect
3 the residents of mobile homes from unconscionable changes in ren- '
4 tal agreements and unreasonable chances in park rules and regula-
5 tions while simultaneously recognizing and providing for the
6 needs of park owners to receive a "fair return" on their invest-
7 ments and revenues sufficient to cover any increased costs,
8 including but not limited to, repairs, ri-aintenance, insurance,
9 upkeep and additional amenities.
10 SECTION 2. Definitions.
11 A. "Commission" - The Mobile Home Fair Practices Commission
12 established by, this ordinance.
13 B. "Mobile Home Park" - An area of land where two or more .
14 mobild home sites are rented,'or held out for rent,.to accomho-
15 date mobi: homes useld for human habitation.
16 C. ".bile Home Park Owner" - The owner, lessor, operator
j 17 or designated agent thereof of a mobile home park.
18 D. "Park" - A mobile home. park..
19 E. "Rental Agreement" - An agreement between the mobile
20 home part: owner and a resident establishing the terms and condi-
` � • A
21 tions of a tenancy. A lease is a rental agreement.
22 F. "Resident" - Any person entitled to occupl• a mobile home
23 pursuant to ownership thereof or a rental or lease agreement w,:,th
24 the owner of the subject dwelling unit.
25 SECTION 3. Ap2licability.
•26 The provisions of this ordinance shall apply only to mobile
27 hone parks containing more than 25 mobile home sites. The provi•-
28 ';;ions of this ordinance shall apply bnl;• to changes in rental
I
1 I
•2
3
4
' 5
6
•7
8
9
10
11
.12
13
14
lea
16
17
18
19
20
21
22
23
24
25.
26
27
28
agreements or park rules and regulations effective on or aft(
January 1, 1980.
SECTION 4. Mobile Hone Fair Practices Commission. -
A. Establishment. The Mobile HoMe Fair Practices Commi!
of the City of Oceanside is hereby established.
Be Membership. The Commission shall consist of a• tota,
seven (7) members. One (1) shall be a resident elector who
mobile home owner; one (1) shall be a mobile hone •park owner
operator, or manager, who is required.to be a resident elect
and five (5) shall be resident eleotors but shall be neither
mobile home owners nor mobile home park owners, operators, e
managers.
C. Appointment. tiembers of the Commission shall be
appointed by the Mayor with the approval of the City Council-.
D. Term. Each members of the Board shall serve for a- tern► .
of four years except as otherwise provided herein. For the first
C6nviiiss-ion, the Mayor shall appoint three (3) members.including
the• mobile home owner and -the mobile home park owner, operator,
or manager for four,(4) year terms, two (2) members for three (3)
year terms, and two (2) members for two (2) year terms. -,here-
after, the successors of 'these members shall be appointed for
terms of four (4) years. Each member shall hold office until a
new member has been duly appointed.
If a vacancy shall.occur otherwise than by expiration of.
the term, it shall be filled by appointment for the unexpired
.portion of such term.
The provisions hereinabove notwithstanding, a member -nay 'be
reiadved, at any time, with or without cause, by a majority vote
• - 3
1
i
1 of the City Council.
2 Any member who is absent, without sufficient cause, from
3 three (•3) successive regular meetings of the Cosuaission shall be
• 4 deemed to have vacated his office-
5 E. Meetings. Except as expressly provided' herein, the
6 Commission shall establish the time and place of its meetings.
7 All meetings of the Commission shall be conducted in.accordance
8 with the provisions of the Ralph M. Brown Act.
9 F. Rules and Regulations. The Commission shall make and
10adopt its own rules and regulations- for conducting its business
11 cons-istent with the laws of the State. Such rules and regula-
.12 tions shall be reduced to writing and be on file with the Secre-
IZ; tary of the commission at all times. The commission shall ap-
-14 point such officers as may be -necessary.
1� G. Records. The Commission shall keep a record of its pro-
16' ceedings, which•shall be open for inspection by any member of the
17 public.
1g H., Appointment of Committees and Hearing officers. 'The
19 Commission may appoint committees or nearing officers to hear '
20 smatters on which testimony :rust be taken, -which committees and
.21 officers shall report to. the Commission the findings and results
22 of any such hearing"on a matter referred to such committee or
23 person.
24 I. Compensation.- Each member of the•Commission shall be
25 entitled to such compensation ai may be set by the City Council.
26 Such members shall be entitled to reir.bursemerit for expenses in-
27 curred in the performance of their* official duties. The Commis-
28 sion shall not have any authority to -expend or authorize the L.
I
1 penditure of any public funds, erceut with the prior express
2 approval of the City Council.
3 J.. Secretary. The City tianag er shall designate an employee
4 who shall serve as the Secretary of the Corulission. The City
5 Clerk shall be responsible for the: maintenance of all its
6 permanent records:
x. Quorum. Four (4) Commissioners shall coh titute'a
quorum. A majority vote, i.e., four (4) affirmative 8
'votes, are
i
9 required for a decision, including all notions, -orders, and
10 rulings of the Commission:
11 L. Duties. :he Commission shall undertake and have the
12 following duties, responsibilities, 'and functions together with
13 all powers reasonably incidental thereto:
14 (-l) To meet from time to time as may be specified in the
rules and regulations' of the Commission, ,or upon the filing of a
15 • '
16 Petition with the Commission as provided for herein, or upon .the
17 request of the City Council.
18' (2) To .receive, investigate, and hold hearings upon peti-
19 tions received hereunder pertaining to changes' or -proposed
20 changes_in the terms of rental agreements, including but not
21 limited to the duration thereof, .alleged to be unconscionable, or
22 changes or proposed -changes in park rules and regulations alleged
23 to be unreasonablq.
24
(3) To approve or deny, based upon the findings of the Cor,-
25 raission, changes in the terms of rental agreements, or changes in
26 park rules and regulations.
27 (4) To aetarmirie the reasonable administrative costs also-
�8 ciaied with the hearing of a petition filed hereunder and to as-
- 5 -
14
L
J
1 sess such costs against the petitioners. The petitioners shall
2. be jointly and severally liable for such costs which must be paid
3 'no later then thirty (30) days from the date the Commission's
4 order thereon becomes final.
5' (5) To undertake such other duties is may be assigned by
6 the City Council.'
7 SECmLIOv 5. P.evie;; and 'clearing Process.
• 8 A. Upon written petition of more than fifty (50 ) percent oft.
9• the residents within one park who have been notified of a change
10' or proposed change in a rental agreement or park.rule or regula-
11 tion pertaining to one or more of the matters described in sec-
.12 tion 4.L.(2) hereinabove, the Secretary shall schedule a hearing
13 thereon no sooner than ten (10) nor later than -thirty ('30) calen-
14 'dar days from the date of receipt of such a petition. Such peti-
15 tion rust be received by the Secretary no later than thirty (30)
16 calendar days from•the earlier of the date of receipt by the
17, residents of notice of the rental agreement change or rule and
18 regulation change or the date such renter agreement change or
19 rule and regulation change becomes ef-fective.
20 B. Within five days of the receipt of such a petition, the
j 21 Secretary shall notify the mobile home par); o%;ner, operator, or'
22 manager that such a'petition has been filed and the date, time,
23 and place of the hearing thereon. Said rental agreement or park
24 rule and regulation change shall not be implemented or shall be
25 suspended, as appropriate,'pending it hearin, and decision thereon
26 oy•the Cormission. -The Secretary shall also notify the petition,
27 ers of the date, time, and place of 'said hearing.
28 '.C. At the time of the hearing or, such a petition, the Con-
C►I�ill ES R REVIETT • �• 6 -• `
11
1 mission shall hear all offered testimony and receive all offered
2 documentary evidence relevant to the petition.
3 D.' All parties to such a hearing may have assistance in
4 presenting evidence and testimony and developing their position
5• from attorneys, experts, or such other persons as may be desig-•
6 nated by said•parties.
7 E. A hearing hereunder may be continued for a zeasonable
8 period of time as determined by the Commission upon the consent `~
9 of the parties thereto or upon a finding of good cause for such
10 continuance made by the Commission.• _
• 11 F. All hearings and deliberations of the Commission here-
under shall be open to the public.
13 G. The Commission shall render its written findings and
•14 decision on the petition within ten (_10) calendar days fron the
15 date of the closA of the hearing. The Secretary shall, within.
16 such ten (10) day period, send a copy • of. the Commissions' find-
17 ,ings and decision to all parties to the hearing.
18 11. Pursuant to its findings, the Commission shall order
,r -
19 mobile home park owners to eliminate•unconsci�)nable changes in
20 the terms of rental ao_reemepts or unreasonable, changes of park
.21 rules or r, cqulations.
22 1. A mobile home part: owner shall either refund or credit
23 to the mobile home owner any monies collected,by said owner as a
• ,24 result of a change in a rental agreement subsequently prohibited
25 or modified by decision of the Commission. Such refund or credit
26 -shall be given within ninety (90) days of the' decision of the
27 Coi=issioft or the decision of the City Council on appQal from the
28
I
I Commission decision.
2 SECTI.Oi•i 6. Evaluation of Petitions.
3 A. Changes in Ren-talAgreemient Terms - Generally. In
4 reviewing and acting on a petition filed hereunder alleging the
5, unconscionability of a change or proposed,change in the terms of
6 a rental agreement, the Commission shall consider whether, in
7 light of the general background and the needs of 'the particular
situation, the change is so one-sided a: to be unconscionable
8 _
g under the circumstances existing at 'the time the change becomes
10 or is to become effective.. Any change in a rental agreement is
11 unconscionable if,. by a preponderance of the evidence, the' Com-
12 -mission finds that no man in his senses and not under a delusion
f 13 would agree to the change on the one hand, and no honest and fair
• 14 man would accept it on the other. ;
15 E. Changes in Rental Agreement -Terms - Space Rentals. In .. i
16 -reviewing and actinr, on a petition filed hereunder alleging the
� r
17 unconscionability of a change or proposed change in the space ;
18 rental provisions of a rental agreement, the' Commission shall
1 lg consider, in addition to. the above general criteria, other rele-
i
20 vant,factors including but not limited to the following:
i
21 (1) Increases or decreases in property taxes and assess-
22 ments.
t
23 (2) Unavoidable increases or decreases in,opgrati,ng and
24 maintenance expenses necessary to maintain the subject
25 mobile home park in a neat, clean, healthy and sanitary
26 condition.
27' (3) Capital improvement expenses for the mobile home park,
28 qs distinguished from ordinary repair, rerlacement and
HARM R. REVIEii - s
1
2
3
4
7
8
9
10
11
. 12
13
�'• - 1a
' 15
16
17
" +18
F
19
20
21
2� .
23
24 j
25
26
27 '
28
HARW R AMEfi
maintenance expenses.
.(4) Increases or decreases in -amenities or services 'to
residents. .
(5) Allowing the mobile home park owner to realize a just
and reasonable return on his property and other invest-
ments therein.
C. Changes in Rules and Regulations. A change in rules and
regulations shall be unreasonable if such a change would impose y'
an undue hardship on the park residents or would substantially
interfere with the existing use and enjoyment of the park by the
residents.
SBCTION 7. Appeal to City Council.
A. • Any party to a hearing as set forth hereunder shall have
the right to appeal a decision uE the Commission to the City
Council. Such appeal must be in writing., must expressly state
.the issues on which the appeal is baseA, and must be received in
the office of the Secretary no later than ten (10) calendar days
alter from the date the Secretary mails the notices of the Com-
mission's decision to the parties.
B. The scope of review of the Commission's decision shall
be limited to the express -issues raised in the written appeal.
C. The issues which may be raised on appeal are limited to
the following:
(1) Whether the Commission proce-t.lect %rithout, or in excess
of `its- jurisdiction.
(2) Whether the party lilir,g the appeal received a fair
hearing by the Commmission.
0 ) Whether, the Commission committed a prejudicial abuse of
- 9 -
0
1 discret.ion. Such an abuse of discretion is established
2 only if the Coriiission has rot proceeded in the r.;anner
3 prescribed by law, the* Commission's decision is not
4 supported by the findings, or the findings arc: not
5 supported by the record. '
i
6 D. The City Clerk shall schedule a hearing on the appeal no
7 later than thrity (30) days from the date of re;-eipt of tYe ap-
8 Deal. The City Clerk shall notify all parties to the Commission--,
9 hearing that an appeal has been filed and the date, time, and
10 place of the City Council hearing thereoh. This notice shall be
11 nailed no later than. ten (10) calendar days before the hearing.
12 E. . At the time of the hearing by the, City Council, the i
13 Council shall consider only the findings of the Commission and
34 evidence presented at the Commission nearing. the Council may
15 receive additional relevant evidence which,. in the exercise of
16 ,,reasonable diligence, could not have been produced or which was
17 improperly excluded at the Commission hearing.
18- F. The Citv Council shall adopt its fihdings and decision
19 at the first regularly scheduled Council meeting following the
20 date on which the Council hearing -is concluded. The decision of
21 the City' Council shall be final and conclusive. The Cl.'-y Clerk
22 shall mail a copy of the City Council's decision to all of the
23 parties to the appeal within ten (10) calendar' dais tf the date
24 of its adoption.
25 SF:C^ION G.. Notification of :gale.
26, A. Before the sale of any mobile home park, the par}: owner
?.7 shall notify a designAted representative of the residents of his
28 intent to sell. Such a notification shall specify: (a) the
ltj"a krS A AEYIETT _ 10 • ,
• 1,
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26'
27
9R
sales price; (b) terms and conditions of' sale; and (c) a date
(not to exceed 10 days) within which a response from the
residents will be accepted. The residents, through their
designates: representative, shall, within the specified tine: (a)
notify the park owner that the residents will purchase the park
on the terms and conditions set forth' in the notice; (b•) present
a counter offer; or (c) decline the purchase of the phrk.'
If the residents elect to purchase the property in accor-
dance with the terns and conditions set forth in the nark owner's
notice, the sale shall be -consumated in accordance with the terms
and conditions set forth therein. If a counter offer is ;wade by
the *residents, the park owner shall have 10 days to respond
thereto. If the residents decline to purchase the park, or if
their counter offer is rejected by the park owner, the park, owner'
shall be free to sell the park in accordance with the terms and
conditions set forth in his original notice.
B. Before the sale of any mobile home, the home, owner shall
notify a designated representative of the nark owner of his in-
tent to sell. Such notification shall specify: (a) the sales
price, (b) terms and conditions of sale; and (c) a date not to
exceed 10 days, within which 'a response from the park owner will
be accepted. The park owner through his designated representa-
tive shall, within the time specified; (a) notify the home owner
that the park owner wil•1 purchase the mobile home on the terms
and conditions set.forth in the notice; (b) present a counter
offer, or (c) decline to purchase. • If the park owner electa to,
purchase the property in accordanc6 with the terms and conditions
set forth in the home owner's notice, the sale shall be consum-
u
1 -:sated in accordance with the terr,.s and conditions set forth
'2 therein. If• a counter offer is made by the park owner, the ahome
3 owner shall have 10 days within which to respond thereto. If the
I
4 park otrner declines to purchase the mobile home, or if their
5 counter offer •is rejected by the' home owner, the home owner s}:all
6 be free to sell the mobile home in -accordance with the terms and `
7 conditions 'set forth in the original notice. '
8 SECTION 9. Separability.
9 A. I£ any section, subsection,•clause phrase or portion of i
10 this ordinance is for any reason held'invalid or unconstitutional
11 by any court of competent jurisdiction, such portion shall be
12 deemed a separate, distinct, and independent provision and such a
13
decision shall not invalidate the remaining portion thereof. 4
14 SECTIoli 10. tton-t^aiverability.
' 15 Any provision of• a rental agreement by which the tenant
28 agrees to ,;codify or waive any right granted under this ordinance
17 shall be void as contrary to p'�blic policy. This Section shall #
i >
18 apply only to rental agreements executed on or after the ef'fec- i
19
tive date of this ordinance. A
20 SCCTIOU 11. Suspension of Provisions. i
• y ,
21 The provisions of this ordinance shall remain in full force
22
and effect unless and until the space vacancy rate of all mobile
23 home parks regulated hereunder', except ,as provided below, exceeds
24 five (5) percent. The space vacancy rate shall be calculated by `
25 dividing the total number of rental spaces in the applicable
26' parks into the total number of such spaces which are not occupied
27 by mobile homes. Parks which have not been in operation for
than two (2) years from. the date of occupancy of the fir§t mob'i1e
v
1 home,*not including mobile homes occupied by park owners or
2 employees thereof,, shall not be include in the vacancy
3 calculation. '
4 Upon recognition by the City Council by resolution that the ;
5 vacancy rate exceeds five (5) percent, the provisions of this
6 ordinance shall be suspended. The provisions shall be automati-
7 cally reinstituted upon the adoption of a resolution by the City
8
Council declaring the vacancy rate to be five (5) percent or
• '
g less. '
10, SECTIO?1 12. Defense to Unlawful Detainer Action.
11 A tenant may refuse to comply with any unconscionable provi-
Sion of a rental agreement or unreasonable park rule or regula-
.12 ;
13 tion if such, provision or rule or regulation has been ordered
14 eliminated by final administrative decision of the Commission. 1
16 Failure of a mobile 1,6me park owner to eliminate such a provision `
16 or rule or regulation shall be a defense in any unlawful detainer !
17 action brought to recover possession of a mobile home where such
lg' action is based upon the resident's failure to comply with such
lg, provision or rule or regulation.
20 SECTION 13. Penalty: {
21 Any person who fails to comply with a final order of the
22 Commission promulgated hereunder after receiving notice thereof
shall be guilty of an infraction, and upon conviction -thereof,
• 24 such a violation shall be punishable by:
25 A: A fine not exceeding fifty dollars ($50.00) for a first
26 yiolat' '
27 3. A. fine not exceeding one hundred dollars ($100.00) for'a
28
13
1
1
1�
1 second violation within one year;
2 C. A fine not exceeding two hundred fifty dollars ($250.0,0)
3 for each additional violation within one year.
4 A person shall be deemed guilty of a separate offense for '
5' each and every day or portion thereof during which such person
6 fails to comply with a final order of the Commission as described
7 hereinabove.
8 SECTION 14. This ordinance shall take effect and be in
9 force on the thirtieth (30th) day from and after its final
i0 passage. '
11 SECTION 15. This ordinance shall not be codified.
12 SECTION 16. 'The City Clerk of the City of Oceanside is
•
.13 hereby directed to publish this ordinance once within fifteen
4
1
14• .(15) days after its passage in'the Blade Tribune, a newspaper -of
15. ''general circulation published in the City of Oceanside, }
16 PASSED, ADOPTED AND ORDERED PUBLISHED by the City Council of
17 the,City of Oceanside, California, this day, of ,
18- -1980•, by the following vote:
19 AYES:
20 NAYS:
+ 21 ABSENT:
22 ABSTAIN:
23
24 Mayor or the City a Oceanside
.
• 25 ATTCST: .
t
26 APPROVED AS ,TO FORM & . LEGALITY:
.27 City Clerk
28 City Attorney
"ALES A AEVLETT
cm 14
1
I
u:rlz-
1, MIX rriday, SzWerriber 1, 1978
EXHIBIT- i
A' V
U
IVU
Ordinance No. 151,415. ILI us
end en 0 n,,*nlal Incr!*,,*.s. 0 go ."C'. An J.'. !<
hiSpbe2t, f t of
gib aftlelt.1% end rosid2ri s of Ilia city at Los Anjatn% reftardino Ilia exIstsvice of a• .4
• . !'I'n. shortil and axorbitrift font Increases In ro&Uwitlal rental housing In thIS
City:
V.
lad Council last, or *,:al .Iod 13C there Is
and
"' .ry hoofing units still. ' a 'rilic lir "I. -I n A
111111111.11C121RCIVhWo and rising oxerrillont fani.% explo111n2 this shorlrqi.; that this c
having" a d a.% 1,10 lives at a substatillat numbdr at Ilia Lot
"a a '. lcat.� 0' 1- rest In 1, and
A 31 w`h he.11.
=111,71cnos, parsons on
well or' of so """a s A f. and hCRrant 'the 4C)
%A fax
'" , ` dc'Cr.or'.,'11'T0'rnos1
61 1 at. ;1 .
landlords In the C ty and .1.. C.I-ncil it now ctineldirino a measuro to rogulrai
"In""d, to fist, 0!, . pa". fir thai;4 tax savinoo to llialc ftanlz fit this form
Of
%yHE REAS, the Colitornfe Suprt
,,,d,,cd and L.1arr.lAb1sI�. I. "T '10" *, cc . ng hnoorlance
-ropositiOn 13 andthoo0comil um m Inallo. will of a
In d rid fealfily of such etrcilliancil, and In3reforit
fletat, v,�., . . Coundl action on
A p C;g
I sliciuld 1h, decision., and
the Council 13 now - foor no Ilia feasibility and e.slreblllty Y/
to address tch'c'Ap'robf'&'rns Created by the housing 04rtegc:
and WHEREASisince
'h4paall? OIP 'a''an17, there hvv'oon 671d and oxor-
Iflont fort Incr.,,..ins In Neva led to rigni strikos, and
• pay leagRIorlAhl0ha, le ra r,
ft"V PEOPLE OF THE CITY Or-LO ANGri't"LUS DO ORDAIN AS
$action 1.
Pand PurPfco`m* of cartrld Stata So
ln?,jl;thcr ' I "o 0
ho Out study of file dc%� pro 4 C "T�n' '"a"
lion I and d . 411'�IUI ". 11 *.n6 I IV- 0 OPI -a � :01
d 1,12.1alt: it roll.
is And, on zn Intcrint.—als for riporiod t,f 4 trial "lto at
en �'ll is n to to
3 Ife"
tro &in* created by Via ple-wit h-1.
tseMn 11��col%rscarnyhealre.- UrArZ `1
Ithit ordinance. Ila pr0lbit moot rental lncrgv,*$ on rCnthi r�jld.cnflal until vilt.hin U14.1
". . . "
Sec.:. a 11AS1161,011, rental''
• A. Po-.::InZ v 1: C2;V f ht,
iI,t unit lnctudJnCfJ1,.,J,;1`_7I 'CIS cOn1z`ro`111.�1C*_nW1t.111
v, 11111-lo,1111 rvico.r-t cqA
heal. wal.r, fac11;J1Vs.,rdPrIv11e!:o3 litriltart..
• removal• furnishings end cny Other grriltal PrIVI41041SU44r.s.
• l0aphom, parklag,
f 1�111!lnr'lord: An Owner. toesor. sublessor. Inc.-
i'C 118 erry
0:rx. 1,
""..rf.ug�faoc
•or 11 epra, 0 yo nctatano,1111.
C. or ",ru V.,Iod: -The r4rkd of time Ii.einnin, cill 11: fwlv. Aate of this
ordlifence and continul? far Ox months. fir until 11 It. .. the CIN couacil
sistablIshes a pfocejure, aw lito Njuorracit *NVor r--5ulkticn of rrnt3, fvhiciusvor cc,
• curs first.
m , O. Itutiti.The crrelcitraftaza. Including any tonus, b3n*fll40rQratuIlrdo.wnd,J
'11"U.blIJID "venial Ila
"or rocalved. for or In conri-401n w1l.- IA�
fl, I a' a C. A rD
�frentlor of at JQate for Such 0 111111. InClQd . men? dX W d'
kid of Whing, ffr 9w) P.-rvlc,-. of any Mod. for subfilillng, Cie
..6 bou
• A
st-SYMY 1!:0 9 lor for cloan!pq.
,;,!.! W 9PI . .1. . -, - . ... 7 '
'I.Rental nlit- All cl�%QSA ng units In the City of Los Angeles designed for rental a
• use or actually rented at any time on or after JLnp 1. 1977. InCludong stitgle family
dwellings and mobile After with theand X a"pur tenant
fheeelo,and all servictshiomrap'lloM'. lufnishingsand faC11JJJ.oupJ, mt:cimechon
p I he term
• with fl.* use or occupancy thveredi, including garage and pariting facilities.
shall not Mcluda:
11) housing Accommodations In hotels. malitIS, inns. tourist homes and roaming
and boarding h(.utc$ (which are ronfed primaefly to transient guests for a period of
less than fourteen (14) (7) dwelling units I d4ys) 11 Iton-PtOill cooperatives owned and conlrotted by a majority
of the reslactils;
(3) housing accommodations In any hospital, convent• nionasterV. extended
medical Care LKIMV. ZKYlum, AOA PCOIII )tame for the aqed. of In dormitories owned
and a totaled by an In4fifullon.of higher eductilloii• a high school, or an clenicsilary
Schoi
(4) dwelling units which it government unil.agency or authority owns. operates,
or
"Iona lot W111Ch A10 %pC011CIkllY exernpled Ircin municipal.reril regulation by
SIX .1 215".11.1 lower adrill..WrAllve regul.tiow
(5) dAellinLi units loc,tiett it, a structure coniplotcd or newly onsiruc:10 d1lor the
•
ollecilve: date of thisordinance
F Tenant: A tenant sulticnant. I.qsea. sublessee or any other petsoil entitled to
the lute or occupancy of tenant.
rrnlat unit.
G. Avorppo For LIM Rcli,lion Cost; The cost of rehAbIlilalion to the
• Code
sufficient to bring lito buj in cooppilhoce with me Iluildmg following
Code dhil(fed by The AuMbef Of ft'Alal cc, iabillialed unttb In Ilia building. Cho following
Iol
nJ,,, J
Rehab ll:.l a t 1141too Average per unit tchdbililiflon cost
Notilbur of units rchA1,-IlllIi1ed
H. Av.t Act tier Unit CAIAIM Improvement col'I. The average per unit capital In"
Of ruidal UnI14 III Ilia 1pultdinq Willi rmoacl the tool ul to Which fit,,, caral"I Im.
l 6npr ovemnnl by
,to 11-111 41 I.All be flit, co%j lor bw
pro vanicrilb (('%I was 1,ncu(sed A capital IIIIJ �,vttn c
proveMitil 10 lite blial, iiig (allicr JJ1Ant0l1Ab Ilia 1, (.%,% ployl,led It, %cc,. un 70 In
which thu rcnlol,,*,n V111% b'%vii A U$UIUI I,,&. a, 1kV r years
rs
. 1! " cl'"' "I"I Ito landle(d 01.flfto lite
or more; And w h.I-o been IM Is Of InCtirrk.1 by I
•
moralorium period or Any T-Ir"1101 ' lh,tcaf. for Ili, C.1,11,11 done
dur InU the 11114 AIO(Juttl per llxi Of 0- 1- 11slun Met col,
diluriti,lor IhC Prthnso ul Imtn, mi vxNllug b,dldluU, Ora., 1:11.4es 11 It llwbullulro; nor
doss I hous lig of-
11 141C hidd 0 A lie"(14 I Of -4 "" c" n z"'U'll, a,
- row'I'd fall. its . . .1 ' k V C.
& f I Won 1'$ 0 V410115 . to dot
et eased except
alp
Is a A1,J to 1.0 r a
at 0 `0
• a It c 3 14001.1 111CM.1 �0, 1. of '411, .. , ", ki�("
IC II
ur�1.1010 0 11". 4; 11"t live 0410 of 11,1% "(010M 0, rout a #or
V hall f
Six rn I I of 1.011suchil I M (001,01 r felill%110% - It , I t itrdpnlnwnl
'and te CUM11111. re"Is t 'a
it (furl."J Inu MWAIMIUMI-1w, for & to Alai unit In the Cil y •
qt its 1,00.%U llb.w ! 1.11,_1140 1 1 IS to 1.6 canto
... ...... I M_ I . v . a I continued d
0
nsr ..•.of. nun proof name for the area Or Ih Rhrmllorirt owned ••
„ ;�,• and is vcrdlosd by an ImIllullon of laylott C,Lltapon, a I,t jtl tcliml, or en efe,lienlary •
• ^p, stile �.
i I
(q dea for Vn('+•.� coo A q svrrnmrhl unit. ailency usAuthorpy own:,
Of manancs for woo .c sl—Ifle•.ay exrn,plU1 from municipal rent tegul. by
stale or fi•cfernl tow, innn.a tfativc 1. pulAhaY;
• (5)U401 .li ... is l.,t al,vl ,n d situ, Into((„" nIe•tde•t:G.'.'ty La•.-tl ULee:at:L: i::
ellt•Cliv,;,t/ieoll lf.lso/dlilan,a• ^• +
' '
_ t
F Trna1J. A It rant, att,e-ndat, irsler, SuWrstce or anyejher person entitled to
the use or nC (1 p,sr„ y of a... „•tll.,r a.n I1
• G Avttp,• 1•vr •tinlf is I. •aloof„•Ion Crest. Ue tote of rrh.•loihlAt(n to she
• butlitln•j auto a1. 1.1 I.) W Inn the 1"116-11 IA rt.,epllna.t ,• will, If'.. It, !1,11,1n aad SoNly
Code divined by It•e nvmhvr of rrnlnl ftloaloelbatCd Vulls to IrieaWlJli y Tie lolldrrinp
t
lortnulh m••straf, s In:•.tk•hnitlLn
• Rehab111tafluno.u.lsol file bulWlnq Average Went! rchablllla lion cost
Number
t
of cops ref,audUnird ,
N. Asuap•i Per Unit CApltnt Iulprnrrmnnf Cmte The nvrl,t;r p,•r wsll [ is, i In
ppfovtnitilt .nil sf.Ali he drlcrmn.i. d by ,vldin0 It's-Cosl cat a Ce.tdtal Improve ,vent by
Iht rental In floe bul!dlue)
• number of units with.respoet to woolen Ole capdal tm•
` provomrnls coat was Incurred A calif Nlottint r en.rnl Cost shall br the east for Im•
ptavunlcnt to the buildin I /other Iriad« •1mbjll.Atlon (otls p•ovlded In Scrbun 20) In '
which the rental unlf is located, which irt,provfmants have a ustrul Ills at live veer,
• Of molt: t!id winch cO%Is have ll •en p.ud or InCurrcd by the' tandtord during the
i
• moratorium perl.•tt or Any exlenslor(it„ •eeol, for Ib,• feplial Itnnrnvenl.;nt work done
due ing the nto(41of loin rrrimt or ex fen}ton Iht rent Thh l,;rmtbap not inclbd^c,ptn-
dtturts for Ili. pl chain of land, mf rxlalog ht•Ibfing, clean int(r, %l fn the bulWlnn• nor
'
e does It Inch.da es•.tndihues necessary to keep of maintain trial revel of housing tor•
vices provided to the rahtbl unit Of Its •ipplicAbic rollback (.nfu.
r
,
' Sec. 7. Rciltal Inc roast- Mora Whom ..nd RallbAck Prnvislons
Be2lnnlug
• A. on file etfeclive date of IAIs Onftnante and continuing for a period of • A
'
• six months or until such tittle As Couutll eslbbilshes a ptocedare for the adjustment
• andtor regulation CI rtnls. whichever occurs first, rents sh;sIt nol be Increased u,ecept
' Of provldcJ In Subsections 80). U) .,rid (a) below. �
- B. During the morafertum period• the maximum rent fora ientol unit in the Cily
-
,
f}C Los Angeles shall bu the falluwlats•
ql For May 71. IP71,
'
so+ a rental unit which wAsYcnted as of and continued tote rented
thereaticr to onu or mor u of the same persons:
. •. The rent shelf flat exceed that in effect on May 31, 1970. The Pavel of housing sdr-
vices provldtd to the rental unit con that date shall not bo reduced during the
!
• • morag Ilptflod.
• UI For a rental unit which was not rented as of MAy 21. 197t, but was subsequently
'=!�
renled and ean:lnued folic rented to one or more of the same persons:
' The rent shell not exceed that In affect on the d-le the rental unit Is re -rented
' tiler May 71. 1970 so long as such unit continuos to bo rented to one or more of the
'
- • + same persons. The level at housing services provided to the conlal unit on the re -
rental date shall not be reduced aurlrn file moratorium roofed,
-
(71For artniziunit vofuntafily.tcafudonorallorJun21.1978angprior.totheondol
'
' -he moratorium period:
If the vacancy was voluntary U a, not the result of an eviction, whether for just
• cause or otherwise, or at londlord refusal to rcniw a psriodlclenancv or lease ag(te•
y
ment), than the rent may be Increased upon the rvronfal of the rental unit. SO lung as
siteh unit eontlnuca to be renlod to one or mart of fha snmA" sons, such rent shall
• pof txeted that In effect on the date tiro rental unit Is ru•renWd, lnof shall the level of
!lousing services provided on that to•ranial datu W reduced touring ❑Ie moratorium
peHad.
' • C<) For rental units vacefeaother than voWnterlly after Mry3l•1976: '
The rent for such rental unit chart not Iharonitor exceed the rent In effect Im•
• (�n1'sedlately prior to such involuntary vacation• unloss the unit Is subsequently volun-
• • Jarlly vace,led. The level of houslog strvicci provided pprior to cuen Involuntary vaca•
'
•
Icon •ball not be reduced during tho muralorlum hcric,
' (SI for a rental unie which has been found by the City L'vildlng and Safety Department '
11,'
tabs In vlofatlon of ina lhun txlsllnn bul101ny and SalAq• Cv.1o: .
{ The rant shall not exceed that 4mount dictated by the above subpareirnohl (1)
,
' through (4). InCIVtIVVIy. plus thv average per unit raholdlltallan Cott orno(firr•u over
+
not loss than r thtrty.tx (23) month p4elcd, tthlch costs hnvo been Ineurmd by Ir.e
fOw party onars durlr:g Ihu moratorium "rind idr rtMbtptallon work Gong dut(nQ
Pilo ingtng
• moratorium (ftrlod for foe sole pvrw;.m je of b.
• the subjeCf prCp:rly Into Ca•
with the B••tiding and Sblpiv Ccea.
,
• ppdanee
(IlFoftraMet unllo,"Sfaspect to which crplteltmnrcvemenl costs are ln<vrsed:
.•.
The anI shall no• vac taddhe Amount o Jatnd by Ihn +•hove stopera,r�f.lx I11
? ihra,QnInUvavotyy pity the ifyafAQCptf unto Capital Imis, vtnlont CoflCmtttlb
• _ed Over a Wn10Ni, rrriol.
•
s - • C. Subparey: aph (S7 0l pforaoranh B above shalt col tx appllcabt. to any ppro?cr•
• ty Ittu nos Ills liuliding Saftf, Diparf•
4nles► o.vncr of such ocrporly provided e(vtl
forto
• . , for. on b y Con pproof sotislacfary so•that dais rtlnonl that Iho fchabtlllalfon wok +
Was eomplotod dur)n0 the q .",.,.0 n Fcrhsd.
,
I • See. a. VIOIOhonol Ordinance
11 shall be vnlawlut for env lendlord to domnnd, Aceopl receive or retain any
,
j
• pOyment of front Its excess Of Iho mns,lmum U. r,ful rcrl; sit forth In Ills ordm.•nca.
Any person vlolnlinp any of the provision, or (stllrq :o comply frith any of the re•
qulremanls.of lhiscrdmancesbail h: civilly of A misdomeartor, Any person convicted ,
i
eta misdsinaenor u idtr the piol,lllom of Ids c[ninente shelf W punlshebta by a One
than 15N.00 or by Imprisonment In IU County Jail far a of
Of not more (+crlod stilt
• Mon than six months, or by both. crei, vlols,Uon of any provision of Ihu ordinance.
and each day durin!t whkt, Any such violalloo Is commliW, purmllled or continued.
' 0halleon0pute a separate o:Icnsn.
Sac.! Ruh,541 of a 1 cnant to Pay r pent Increase'
• A tonsnt may refuto to pay any Increase In font which Is In Llolttlon of this or•
• distance ha In brounhl W
1
r
and such viotr•Bon shall A ocft(n• any actfoA recover postal;
start of a rental unit or IV collect the iliogally cliafy.,d I ont Increase.
ffetal. Soverablltly
• • • li any provisioner clause of this ordlnance or file eppticallon Ilvir iot to any per.
• • y
FF
•
son or circumstance Is held to ba uucwlaltvlloasl or to Iva olhrrvAse Invalid by any
• i
• Court of eompvtrnt jurfvniepon. s,.Ch lnvnhdlly shall net allcCl Once o[dlnnncc{vrovl•
' Voris of etawes Or ApppCAtloas lborsot whlth apn bo lmptamonL it wllhoul the lnvalld
,
• prevision or ciayse err Appllciollon. and of thls and live provisions And Clousys of lhis or-
•• dlnancoarcdpclarodMile severablo.
i•
• Sec. 7.Len.Urrd•7cnanrG•ralAtlohlloard
+
' The LandUrd Iena•Il MediMlon B,mttt shill hoar and def,:fmins ail complaints '
' • by tenants rtqq, dlng III gaily enarp;d rents unJar Inc pi ovlslons and clauses of sub.
ISI rI'd (al of Suhatfloe U of Section3 of fills of dinance,
1
pseaaraphol
Sec. S. 1 he City Clerk shop cerllty to Iho pass •uo of tools ordinance and cause the
,
• tame lot+o publishcil In swho daily nawsprllur}NltotOd end pubilshtd m the Clty tot Los •
' I
• Mpelts,
1 hereby ctrllfy float Ilia foregoing ordinance was Inlrodutod at Inc lnctllnQ of Phi
• council of rho Cll•• of t as An�oles of /Wgusl 2I, 111a, a111Cne.vd. and was passed at Its
• tnseling of Aupu:f JO. 194.
s
• REXE.LAYTON.
• Cify C Perk, ;
�cpuly.
'
• ' Approved Augus120.1171. Illy Chauncey 0. Pruner.
• „t, • • TOMBRACILFY.
Mayor
Fitt No.10 3731
• Tlds ordlnance was previously published August 31 Iri We Journal of Commerce.
Review.
Sept
Y (JR4)727) I
• i
• t,
I
F.
~
...,�, -• jd j _,�: G�-.cam
tFacu� o � c� ......
SACP,A.ir1Cl'lT0, Cl,l,l)IC:;:::l1 9:::ia
EXHIBIT
J r�
�1� 2
may` (
1872
Ihis o•dframe a•w crm5noi (o a r ii0d cfA, rYrcM er 31, 1973, a u+l•t sv..,l
Cad lu 11.+ ohm"'.ohm"'.r.7 nt a1a f �•nta•K•• n1
' t fee .
fuk` ln: catL9h3trJ .0f+GYCJrc
rtat ,
Ltn3, wimokT tf ocWfs II131. lenlS snail not be trffuy7J taocpf 33 jra•Kld in SUP
An L1cI��a3C,Y OROINAt+Ct Or TrF CITY CG':CIL JF TNC GTY
nb Dot"80) trlov,
F3. ilJolna dd nWata•vm tft10d. tM Iifl ttmJltl a•a la a rcnW w•t In if12
• OF LL tr.OlrTE., CAtlrOAYA. ^.r QAI1IN.^^. A ,11,1 ,,11, U'+t o't
RENTAL INC:hCASi.d GN PtSloiNTIM. i,dlpc:fllr$ vdTrilt! 7v.E
%d1ctElLk+t:Srallly d1JfGi vnq; 1, o�
I) For a utllal unt which w•a mitud as d .I Y 29, 1. a, ala eau %*1 t0 W
•GTY OF EL I.f:vYfE cCsj a ?Cit;iJJ 6%Cft.NihG CMJt3LY 29,
rohl.°d It I?lJltor to &In or nitre d Ire Sim: FK"sre - iro felt .nai ru , roceJ
1978.At:D EN:rNG CC ENiGER31. i9ld.
that In cliffs co Ju•Y 2Q. 197:3 1-, fart d n r •1) W,•o : srvllduJ to u+: r tiwt
YAiERElu, in roox.l yous trcfe has tcan incloost"oll cOfkwn on Iti Pit o!
puttc dhiFnts I(S oenis of tla Gly a Et N.,n:o r":.:rdrtg the rl�uft: V• d a
L (7 Fa r':n•al uN; wrUc vnsnV rr1*,,%Jr. c':11429. 9 6.wt w3 wb&oQa'Cr.IIY
c'YN l:v n01 `
a•,J
housing ahonno wd etaWtanl lino onouvr, in nt fi rMu Ionia) I"irg to this
tta:rJ AfIJ nv7trWr,1 to b: fr:dA: to On* a Ill.-(' CI t+.; . ?sPu -
Shall M: "cLw thlt in Clfto M tnc cite Ine rail J unit is tPYCetw atilt JufY ' I,
• GII•�•Lund.
1YtiEREAS, plan n.1p in alNlicn avvl t lQ 10 1112 Coaled : tr Ct Ti; n 1 Stu:
197d.vala m5icn teal tO7'I:W^.f to totenUX3 M ov. tf;M6 L1•'Y;S.sitSl rvo,.'S ,
Tl a Kvd a �i 13nn'j fvlo3 Trcnxo a 4r « v l 1 ant rn the rt-rm:a{ Lulu stwlt
ii O is a cram g tlw.*.gv 0I ttr ..m Sa10 old l.vuevy ht3elSifg UfJi3 ,111,1arig in a
' mtieat)y kv wr ocy ran. and nsm0 pe �b,1,111 1m3 c.hatrg Itu3 atKFt)C, r.'YJ
n0! t ofW r*FJ dJt:fbj Ilk: mx 0'I flU:n Lt:{I,,.I
(3i t'a a it Mal ill: �,. wMN f 1s:,nQ Al a at I«,Juy .), 1S7t, an,: trla to U 0 ,
that Ihis WvlrlM Is 1,1vUM7 d ddlr.nMYt! Ch.%t aI the Iws 012 S„C+131`t„I (IJnL'LY
cm Oj StM mUY'}K'm rtibb.: - .1 1'A1 v,l:dny W,ts •ra�Alan• U t ncl l:vt 1lTNit '
Of ttQ El I.bnlo rt...d,nts %nor ro:w),, in teoval I ckew3, ara INS wmill-m is en
dangeling IM Mltih aw we.tale if su:n re: Y.+'ts CSI.C43y VCM,.l) hvdsMCJo
o• an tv.0t on. %-mrv, lot just ca v4: Or CAI Nw•S:, ce d )an:• ad ft!%t.: IJ rf`rty A—
ice," or m= &N iV+aY.t 1, trier. th rem rniv W, ,w6Lmi Urlxl p„�`•
On Senipt af.r(Yts. CVSora,mtrCC 1ry.1t1L3. aid C1aYlc ai a Invif1(TJfit'dial,
p;ho,14
go.lental of jho •Q'11:1 UNI So Icrg a: 3•nn UNt Ca::'t.1,w, :a t.0 ICn1N W c,11 Cr
V.I1EPEAS INN or.,d•?; Of RCIOW-11on 13 Irv, ao:••rty IKa Ie.fffn r1A3ure .yl
n(Ltl Sat dvauY S to IM 1 Ili d'
MC d IRv 1,Ui, PYSori1, :UCh ll+1S short: nY. uxA I:UI L', a:ril on Ute (I op I, '
II_hJC Jtl1v6. 197i. t/altt, 1 6 mm�l SUFf rtAatY
Woo in lt.: OI•' a'1C lM (Ja:ILJ• t•: •aril INt tl'S rko's.Virf to OM-5pr a NJrricY
femal Unit is f M2. A1, rw Neel. IN' ROO d :S h,Xitua3 SCel.apfov4m on tall re•
," t31 c,::e:.; taf:J7rJ OtC:::: i^r f Wk:7wm:vr•?: `
d fra)Ssii:d wfucn ney fU vise Ioc)d yt:s tO lvss a3 a pxt.on d trr • lax w000ll
(di Fa (M'af tin t3 v calCC u .( lNn vWuatari;y alto :uiv 2?. 1918 - It,-rcr,t '
to their leeiants in it* fwn 0 rmv.N lents wwl•
Ier3,yn rental umt:Nh not ltvewle, ecxmo tM rma I', silutt ,'ImC•a•ay FUIa _ti
YIMERIIAS the taltirynla 9,aerte C:Jit ,S nJN pynS10 rllY1 1 Yn oee'lltul.as
silly d Pimr..tm 13 a.d t•r ancmc Ol lra3 MOM -On vnll h. •. d sut4M- 1:31 lr'V r'
la sign In,0,.nvuY vd'SIIPI, U+n i IA ulbt IS s7UiS irlif Y • a1tQ.
Tto Fdvri d I.Y ,,11V SCt+.�3 pfe. JeA DftOr to I:tn InKaun:ary vaCanan Saw not
tar�C Fn mlefn+ntrg the muolan:ar3s and 1. uwt!lty of SUCtI an ofdval:e, tad
�rrAv_;+d thNf:lg lraf•ura'o'Iun:PcYlod. '
C.crefere final Coulul a:l,m on S,rn a pax w sloxus 8,03.1 that c o ri's doors orb
SECff:At <. NC:a1.on d Ord.•unx it shall td untaw:d f w am tardard to oo•
and.
yJl{ERF S. the Cooml is now cons:c m7 tit: (m b,irty and dp�raLYtty N o!tiM
Ii:.ld, aJ)'pl, fltYnt a ICIJIn Jly G'ynLYlt d IMl :n taQ.;S ..f :M "Mum •'
LJArul relus Set forth in ilw a0.Nrce. Any w5m vxxa•in) any rl lr.e VevtS.Lts.
• IIIctSWts GLstp'wdlSa7cf.: Ina otCCACna ae11tu3brlht•rdU:,rg 3lCfl.•.h 0W.
e(latter)I,)rv%Aywin anrW tr4«CUueY•rnts• d inis aJira^M Snail tor! nu,.tY
VJHERtAS, lan:t IA: L1lstagii d tPrucow-w n 13, awe rave tail a fhlo.Lf of
of a 1MCY'Y,cna. Arry Pe-sm ca:llW d a nsswrsuroor I~ Irvan U •Y\ 0:
ccpldoldmorwantfeat Ifo:«d1CS treou111a,t it*.,!G,y wean •raouw,s Nve lid
iCNni3 to Ut.on lies Couml Ili nip and =.Sialre so that lM altad d the
rJn Wk)tCa bfrrtpn'•e.'1•
IhISac1'1i'wY SNIT too StNSfab,'!ova Imo: not nueI <.
nicat in Ito; Crw,n:y jail Iva pMwC d toot mxCJn.n S•t Ir,,r.rS a nr tc:t E•m.n
Lard aOs w,:l 1 0l Ity] r0 ihU dIs1L1CmC ll d WryC rurlC ct3 d rC,Oonls d t1Ys
vlr.,iHM rL al)• provision d iris ao-fdrinl, ara val, fly C,nl ; .vnch art• slcfl
C11 :and.
VlyalrJ lis tilt tMt;aY3. C.Y,11: /AarW.tnf ll.SnlllFM11IVIea 14 ,Yd1t•,A! ,
SECTION'S PiImM o!,) te'1161 10 Paf a Recu IrK•cra A :t':r.1 M.y r2' :c to
NON. TRISUV iE. THE Y7 CGS t3Cf OF ME GTY OF EL .MONTE. CAL-
pay5llyira6r/:tntC.:Iwh,41g1.lv1,Yatu?101INSOW'W'ow3ftl mien ,- .11cil5,':,.1
IFIDNIVA.O0E
SCCTtOtl 1, Pypcz'.! rtt�.oy the oJffY n!' d a:talri $:n!e 4Y,Srerrc Gxm
Nacelrreemanya.urib oufjf.i !0«Diva po,:..rslon via reilL': V.1t1a OcWml �
if4tIt
' Fit-Cano.i nr alvinj h•C:milm 13 ana h4rly Slh)Y 0: th4 dvC•CMvD- are a:cr
the lll6r;arly tlVets7 rCll 3 . ..
$LC I R1 $ $a.YlaNlhly. I1 » plOv 3 0 n a C'w1U3 a 1nt3 aelM C a lhC A¢
lion d mariu c to a0orl Y tt e P oJ'K K yl:.lcO 4r Ink, ? r Yf 1 rnUS tg sr X1d.
t4•ca to Lt., tcr5cn a araurclarcc a f0 tr, u•1x su•.t•a to
it 15 b=%'$3N In haoy:hit, p;'ve a rvmor.um on rcnt.nuoe.-a ai An Imnlm
• basil fit a:Cricd tYk:.:1! C iinGcv 31. 1l73. Itch) 1lri e,/aCitve 9a•c d IN ar•r1•
wr xr im s,! I t ll
�,� of v1a!00:rJ.avd1 Y r5 N'! Orxom `3 � IiL•p ion:.n�Aglllw?fl'Y.n:Cfl tL)n�+ .
aroe, saga f :gorium to Fxdb:at it=% remit arme-, on lental 91 ;.cCnINI W.ots
impl,'fn,Yiild 1ylhoul IN u atw t.ffnts.o: of cta.• C Jr e;LY.caWn drk: to Mi end
withlr.l;le Gavel Elt:A:ve
SECTICtl2. Ce!oml-&- $ A. Harsh, Savicw•:iervioes ca,n,:toJ ,wlh the U•A
or rho x%ky of a ton1+l unit Irr•id•r�c• tit rot I mlei to. ICOJIM: Ic[Locnmt,
the f1f0writftt InJ aaJSM d Ihis YOuun:il:•Irtwtia'iA" 13fQw'f9Vc
$ECTIG. 7 Tiir aGniYc Is aa-(,rJy 00=10 to M al w7 l aClnin] to
ox
L•ie •a!e)y. •tltJitn and vnY1Jr0, Lull Bradt fate Ctxt tT1K\:1J:C•y '
n: a anol;eRy
rminitndrlce, rain. q; t;r1t. (Ai:, wa:er. Cat-'Otor suvca, factory ::ta.u% A J
eleax pu:dw
poton. Taw lots G'Ylst•tullw the , arc sit i11 a:iJOU tray
open •is
1XlvitrgtS. iar+:a :rrvwC, rel•; : rcmw•af, lu: nlsNrgs, tc:rDtt:rta. (u,kln0 and a'tY
re;Yw.A. a S,triaus twwl to rru Well to of I!w rill• raJSAN) susxny
Oth r to mods. arv0or'rsa I,xAb-S
V. tAwwo: An Owr". tes:w, s"Ik for, mcivinl any moron. lam, Ir'rpaa•
within the C.111w•tr1 rasr„rt to Lust omr vnoz yvin'Als C: I,10 corn „n,t f dn3 r•pt41-
of
allyIo rtf1O 3 e1 taw ail ,nadtrato ,teivnC iflJ auto al Ilan I,WIa^i. aria IS con.lion•
jc rirynA,p, oreu,.Y Cntiy, entitle. a Ia:Yvu tint la Inc use d any rental
to tor. ga is ara otj xim,3 d tlr 3=1,Q faul,•g efemi•d al tic G,5wal
• 4h11.utNi:Ctil,Ia,ItSi'Itl:r4orS.Yx•:sta t:l :77/tA lhw laly, nry,
• C . W4torount W*j Th• pXocd tt to : trqulnuq on tM clicclive da'c of
pLtnd L'a)Oly
SECROUS Trecityat xstwwn1fY13lhe. ttf .Oyu INS wair rceeJ s•mll'
WS ord.hsflx! and O' nWtultq to Lisa fKw 31, 196J, f+ unhi "to'Inv at Ito at/
lffiaa:.Strtr,•.N a'vJ)w r(y`uldt.ald (MIS. wnKM
Now; a faipf tr:.l01 to W t•+Mist d lS r �.•JJvd C/ Lw. '
COUnCot f3lJbtstitSajYttOCtnCta
evtr otemts firm
D. Heil.TIw*mnv:Wdton.ImiLdnylany term, bct,:Lis,aptatuitydeflLW 0
Fa3sed, appro:warna a+y�hafnia 2.^.nWyo: Juy. 1378.
' JtkT.hlrPen
' or tom'Wa, for a'n lrkOton with Inn u3e a O=p)r);y d'I (0::Y un,i or IN,
Ila
f.4lyordlh3GtydClN.wllo
• tr5micr of s liar. Ix Sv:n a uNt, atcioui q out not llnitud lu fTv A,C. oe nvrlfA Or
i
paid For r%VI,1m1, to futn 3n,nigs, to t<Kninp t. 6%on of any hind. (a sutleltug,
ATTEST.
Or iasiwilyuepxAls for Q'Jttilfsanclra far clowuN.
E. RonW JAuLt: All dw.atri(j uvls m uic Gry d L'I tJanto!!csl�ntd fa rav+Wl
+ , '
.
mm or aawity rented at any lima on a anCr Jdn,ury 1. 1918. Ur11•t.1y 51ryttr
fuJenHo^.tr I
Gry GCBs..ha C.tyot 0 Nome "
fenlilya4vit Ags wd rcoly MA,LS. In;cltvx with IM lyai wd Im-loo rl aa<+licit•
ant tr.&mlo. anct du 5w•ccc. iyt,nU.),n. lu•NthlN;; al,t lw,llkz rutatrsi .n �.
STA7F OF;A-IMINIA )
• fKl:tal Nl:h IM trJ.• o,lttllA'Iny 17CfRil. tnClutl.ntl gaspand {Yxkuy (.Ulluc6•
G^rU•:TYCY LW f•hC, rS I55:
iilstamstvJaduorivdD•
CIii(3'CLMO,'ITtE I
' tj) tianilq n.: crr.L73anors.n hyds. twels, Innis, tw.si tons alit toonLnq
fa
(}h dl•k d the Gty III Et NaMc, t.lycbf m My 1lcl 1'w
,tld t0:drmv; t0 r a twt.•cn •fro tented rtarudY gt•o to liaiwunl fs A jK'rlal of
1 LCXA'.F HUMCRT.
lalajanq 06m ce No 18:2 fiat pawls ano-1 etulixl eY a,! G:v C.,uail 01 Ilia
Ie3smmum ly Idllwysi;
0) Qvtihnq UIYIS In nu.tYLLt C0t3M3hvO3 ovnod and wnirWlc.) by a Ml,alty
City of El kV1e. uq kd by tat IA,1W d•kI DU-1-ot:O'1Y Ira CA, Cle,k, SI 3 -vi-
ol tne rm-donts:
(1)Iarowj NIUyAolltxy In any IYatp.W, convrnl, rmnl:N. Cthfovd
Ifys•lYti t(v!U1,Mn1CabN.dSvU �VJlill r. 3an:Fr Qh c)y d,vtl 13:d,a oINI
sJdfrlawco No, 1t172 w.Is aC0:1ta:0y lMSldlOyiryv KC.l0 w.l
llKtl.cdl GYC I.Citdy, MVIUm, 101 of Old M-ly Ili tra• a7a1, of to dJ rbi,'ir.(r. 0w 4A
a•d otmatad by an untilut on of NA1161 v3Jcltim. a N(p satuot, Or al d,,.nlll:JYy
AYES: Ccuncdrncnavft,G.p;en, Kcisa rwSr:Cwa
sd,ckj:
(4) Qvdhnrg on is Much a QrNViw"% unit, NNo'cl Or aNtyyllY traC, tXYvahri•
NCCSt None
AI SENT" Nor10 t
• Or IlUN'nee w vdvfil .lrr s;4a:itf.1:1/ 0011K tQ tut Inu(mcoNl rant rryuulton by
AMIAK Coun allranYttaxo '
• stale or le(A.tal lore fK:.ckn.Y511dUW It,iul.toi'
FS) MILI(IM n.u1111A.N.f In a STIIK11u0 irnlr.ICIOJ or newly "llolKycd oiler
' nu, No f:,at
r
' IN, ell,ct.Md1111MIh.1Nih.adtC
F. TMvit. A if tw,l, :U:.httull, t :uo, 3tIlk,15 0 of WY 011fx,Wl*n Cnlia:+J
Q1ydM dIMGIynu,Noit"t
�Jtlllsh:l,l•dVatlryfk•11s1
• IottclN:f MUI.1.1V (V any 1/21111 UIYI
SECTION 3. Ik,ISJI Iru,usu kVJtnflUnl, A, F).,pYrurg Ohl Inc clfaliw 41:e d
AWU31 �. 13tC
�_�_ )
•
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` EXHIBIT J -
ORDINA000 No. 78-0- 1707
E+
. rjl
'\
EMERGENCY ORDINANC1' OF T11E COUNCII, OF THE ..
�
,°„° a
CITY OF BEVERLY 11ILLS DECLARING A TEMPORARY'
PROPERTIES
RENT STABILIZATION ON 12L'SIDENTIAL
WITHIN THE CITY OF BEVERLY HILLS UNTIL
°,
G
MARCH 31, 1979 AND ROLLING BACK RENTS.
AN.
o
r
U
The Council of the City of Beverly, Hills hereby,
eq
U"a
ph.
finds and determines that:
`
ct
1. Approximately sixty (604�) percent of the dwell-
i
#
UJ
axing
units within the City of Beverly Hills areenter occupied.
2. There as a critically low.vacancy rate of renter occu-
t
pied dwelling units of less than three (3%) percent within the City.
`
3. A substantial number of persons in the City of
Beverly Hills who rent dwelling units 'are 65 years .and older, -
many of whom live or. fixed incomes, and a significant number
of these persons expend a substantial portion of their income
on rent.
4. Since 'the beginning -of 1978, there has been a
significant trend in the City of Beverly Hills for owners of
rental 'property to substantially increase rents and the trend
't
appears to have been accelerated since the enactment of Propo-
!
sition 13 on June 6, 1978 .to the extent that it appears a
significant number of,residents of the City have been forced to
consider vacating their rental units because of their inability
;
to pay the substantially increased rents.
5. Efforts at all levels of government within the
State and by leaders in the apartmenE house industry to obtain
voluntary cooperation by apartment house owners to maintain their ,
rents. at the rent levels in effect on May 31, 1978 have 'sailed.
14
il
6. The State Legislature will not enact any programs
this year which would alleviate the problem of the citizens` who
reside ift this community in rental properties or other communi-
ties facing similar problems.
7. The members of the Council and the staff of the
City have received numerous complaints of exorbitant rent
increases but the Council can not determine the full extent of
the problems faced by the residential renters in the community -
because many renters are apparently unwilling to report their
situation for fear that their landlords -will retaliate and evict
them for making such reports.
8. The critically low vacancy rate and exorbitant
rent increases. as the result of the low vacancy rate is having
a detrimental effect on the lives of a substantial number of
residents of Beverly frills who reside in rental housing and is
endangering the health and welfare of such residents,especially
creating hardships on senior citizens, persons on fixed incomes,
and persons of low income.
9. There is an urgent necessity to temporarily stabi-
lize rents and establish tenants' rights so that tenants are
not arbitrarily forced to move, either'because they cannot
afford to pay the in creased rents, or because they provide infor-
mation concerning the rents to the Council, or'others.•
NOW, THEREFORE, the•Council of the City of Beverly
frills does hereby ordain as follows: I
Section 1. Purpose. Pending further study of the
development and adoption of measures to ad0ress the problems
0
• resent housing shortage, it is necessary -to'
created by the p 1979,
temporarily roll back and stabilize rents until March+31,
he effective date of this ordinance, on rental .residential
from t ,
units within the City of Beverly Hills.
Section 2. Definitions. ;
a. Housin Services: Services connected with
or occupancytot
the use
but not limite
;of a rental unit including, water,
lacement, maintenance, p
ainting# light, heat,
repairs, rep.�.
vice, laundry nd
facilities aprivileges, janitor ser
elevatoc ser-
furnishings,
telephone, parking and any
vice; refuse removal,
other benefits, privileges or facilities. including
b. Landlord: An owner,
• lessor, sublessor,.
erson, firm, corporation, P
artnership, or other entity,
any p rental unit, or the
entitled to receive rent•for the use of any ,
or successor of any of the foregoing.
agent, representativeperiod of time begin-.
! C. Rent. Stabilization Period. The P until
on the effective date of this ordinance and continuing
ping Article XIII A of'the
March 31, 1979, or that Section 1 of
tution of the State of California, as enacted in Rropo-
Consti reme Court,
siti.on 13, is declared invalid by the State Sup
whichever occurs first. - any
d. bonus,
Rent:
The consideration, including
for or in connection
benefits or gratuity denanded•or received, `
with the use or occupancy of a rental u:.it or the transfer of
unit, including but not limited to; monies
a lease for such a
aid for phousing ser-
demanded or p parking, for furnishings► fordeposits for
vices of any kind, for subletting, or for security
t�
0
damages and/or for cleaning.
e. Rental Housing Agreement., An agreement, verbal,
written or implied, between a landlord ana tenant for use or
occupancy of a rental unit and for.housing services.
f. Rental Units. All dwelling units in the City of
Beverly Hills designed for rental use or actually rented at any
time on or after May 31, 1978, together' with the land and build- -�
all services, privileges, furnish-
ings appurtenant thereto, and
ings and facilities supplied in connection with the use or occu-
pancy thereof, including garage and parking facilities. TheRterm
shall .not includes
(1) housing accommodations in hotels, motels, inns,
tourist homes and rooming and boarding houses (which are rented
primarily to transient -guests for a period of less'thin fourteen
(14)* days); ,
(21- dwelling units in non-profit cooperatives owned
and controlled by a majority of the residents;
(3) dwelling units which a government unit, agency or
authority owns, operates; or manages or which, -are specifically .
exempted from municipal rent regulation by state or federal law
or administrative regulation;
(4) dwelling units located in a structure cor.1pleted
,or newly constructed after the effectiiie date of this ordinance;
(5) dwelling units which are subject to a written
rental housing agreement and sai.d'agneement provides for i.ncreas-
es in the rent during the rent stabilization period set forth
herein; provided, however, this subsection &hall not apply to
s
1
r -- - , -
U
any rental housing agreement which is on a month to month tenancy;
• (6) dwelling units for which the renal hou"sing
I
agreement provided for a monthly rental fee in excess of Six
•Hundred'and no/100ths ($600.00) Dollars ,a month on May 31, 1978;
('7) dwelling units which are subject ;to a written ,
rental housing agreement for a period of not less than one (1) '
•s
year, executed after May 31, 1978 for the benefit of a tenant
who was in possession of the dwelling unit on May 31" 1978.
g. Tenant. A tenant, subtenant, lessee, sublessee or }
any other person entitled to the use .or• occupancy of 'any rental '
unit. '
Section 3. Rent Stabilization Period and i
Rollbacl: Provisions.
a. Beginning on the effective date of this ordinance ;
and continuing until midnight, March 31, 1979,•rents shall not'
be increased except as provided in subsection b(3) below.
b. ljuring .the rent stabilization period, the maximum ^,
rent for a rental unit in•the City of Beverly Hills shall be the f
following:
(1) for a rental unit which was rented as of
May 31, 1978, and continued to be rented thereafter to one or
more of the same persons, the rent shall not eyceed that in effect
on May 31, 1978. The level of housing services provided to the
trental unit on that, data shall not be reduced during the rent
• stabilization per ,
(2) for a•rental unit.which was not rented as of
May 31, 1978, but was subsequently rented and continued to be
rented to one or more of the same persons, the rent shall not
4
t -a
exceed that in efvfect on the date the rental unit is re -rented
• after N,ay 31, 1978 so long as such, unit continues to .be rented
to one or more of the same persons. The level of housing services
• provided to the rental unit on the.re-rental date shall not be '
reduced during the rent stabilization, period;
(3) for a rental unit voluntarily vacated on or.
after June 1, 1978 and prior to the end of the rent stabilization -�
as voluntary (i.e. not the result of an
period, if the vacancy w
eviction, whether for just cause or otherwise, or of landlord i
dic tenancy or lease agreement), then
refusal to renew a perio
the rent may be increased upon the re=rental of the rental unit.
So long as such unit continues to be rented to one or more
of the same persons, such rent shall not exceed that in effect
i
on the date the rental unit is re -rented, nor shall the level
of•hrusing services provided on that re -rental date be reduced
during the rent stabilization period;
(4) for rental units vacated other than.volun--
taril� after t4ay 31, 1978, the rent for such rental unit shall ,
i y - t
i
the rent in effect immediately
not thereafter exceed prior
to such involuntary vacation,.unless the unit is subsequently
voluntarily vacated. The level of housing services provided
! prior to such involuntary vacation shill not be reduced during
the rent stabilization period.`
Section 4. Refusal '0_�T�'iant To -Pay A y
Rent Inca=.e•
A tenant ma•, refuse to pay any increase in rent which
is in violation oft;jis ordinance and such violation ;:hall be a. ,
brought recover possession of a' rental
defense in any active, +
1
unit or to collect the illegally charged rent increase.
' Section 5. Evictions. I
No landlord shall bring any action to recover posses-
. ,
sion of a rental unit subject to the provisions of this ordinance,
' unless:,
a. the tenant has violated an obligation o'r covenant
of her or his' tenancy other than the obligation to su�rpnder pos-
sess . ion upon proper notice and has failed to cure such violation
after having received written notice thereof from,the landlord;
` b. the tenant is committing or permitting 'to exist a
c
nuisance in, or is causing substantial damage to, the'rental'unit,
or is creating a substantial interference with the comfort, safety
or enjoyment of the landlord or other occupants of the same; `
C. the tenant is convicted of using or permitting a
rental knit to be used for any illegal• purposc;
1
d. the tenant, who had a rental housing agreement which
' has terminated, has refused after written request or aem and by the
I
landlord, to execute a written extension or refiewal thereof for J
a further term of.like duration and in such terms as are not con-
sistent with or violative of any provisions of this ordinance and '
are materially the same as 'in the previous agreement,
e. the tenant has refused the landlord reasonable
i
access to the rental unit, for the purpose of making necessary
repairs or improvement required by the laws of the United States,
the State oC california or any subdivision thereof, ar for the
purpose of inspection as permitted or required by the', rental hous-
ing agreement or by law or for the purpose of showing the rental'
. �
housing unit, to any prospective purchaser or mortgagee;
f. the tenant holding at the end of the term of the
rental housing agreement is a subtenant not approved by the land-
lord.
Section G. Violation Of Ordinance. It shal} be unlawful
for any landlord to demand, accept, receive ,or retain: any payment
of rent in excess of the maximum lawful rents set fori.h in this
ordinance. A riolation of this ordinance shall be a defense in any
action brought to recover possession of a rental unit.
Section 7. Non-Waiverabil�. Any provisions whether
oral or written, in or pertaining to a rental housing, agreement
whereby any provision of this ordinance, for• the benefit, of a
tenant is waived, shall be deemed to be against public policy and
shall be void. �
Section 8. Civil Remedies. Any landlord who demands,
accepts, receives, or retains any payment of rent in excess of
the maximum lawful rent, in violation of the provisions of this
ordinance, shall be liable as hereinafter provided to the
tenant from whom such payment is demanded., accepted, .received ,
or retained, for reasonable attorney's fees and costs as
determined by the court, plus damages in the amount of Two
Hundred and n6/100ths ($200.00) Dollars or not more than three
.(3) times the amount by which the payment, or payments demanded,
accepted, received or retained, whichever is the greater.
F.,ection 9. Severability. ;
a. If any section, subsection, sentence, clause or
phrase of this ordinance is for any ,reason held to be. invalid or
unconstitutional by the decision of any court of competent juris-
diction, such decision shall notaffect the validity of the retnain-
ing portions of the ordinance. The City Council hereby declares
that it would have passed this ordinance and each section, sub-
section, sentence, clause and phrase thereof, irrespective Of the
fact that any one or more sections, subsections, sentences,
clauses or phrases be declared invalid or unconstitutional.
b. Should the provisions of Section 3 or any part there
of requiring the rollback of rents to the rents in effect as of
May 31, 1978 be declared invalid or unconstitutional, then the date
"September 1, 1978 shall be substituted for the date'"clay 31, 1978"
` wherever the latter date appears in Section 3.
' Section 10. Publication. The City Clerk shall cause this
ordinance to be published at least once in a newspaper of general
circulation published and - circulated. in the City within, fifteen
(;t5) days after its •passage, in accordance with Section 36933 of
the'Government Code; shall certify to the adoption of this ordinance
and shall cause this ordinance and her -certification, together with
'f proof of publication, .to be entered in the Book of Ordinances of
' the Council of this City.
Section 11. Eftective Date. This ordinance is hereby
declared to be an urgency ordinance to protect the public
•safety, health and .welfare, and shall take effect immediately
upon its adoption. The facts -constituting the emergency are set
forth above -and represent a serious threat to maintenance of the
existing rental housing supply within the City with respect to
all economic segments of the community and especially to persons
L
0
of` low and moderate income and those on fixed ,incomes, and is j
contrary 'to the goals and objectives' of the adopted HousinT Ele-
ment of the General Plan of the City and therefore shall become ;
S
effective at 12•:Oi a.m. on the day following its passage.
Adopted September 19, 1978
JOSEPH N.fTILPS Mayor of the City of
Beverly Hills, California ;
ATTEST:
(SEAL)
I_1. USHI'JIMA, ffity Clerk
Approved as,to form: Approved as to content:
JACK AI,LEiJ JOIIN M.I I•�AMAT Z�Ft, J'12. �
1
Acting City Attorney City Magage•r
i
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6
9
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'�
OPWI-NANCE' NO -.
ORDINANCE No. 78-0-1709
_
EMERGENCY ORDINANCE OF THE CITY OF BEVERLY
HILLS AMENDING ORDINANCE NO. 7.8-0-1707
CONCERNING RENT STABILIZATION.
The. -council of the City of Beverly Hills does hereby
ordain as •follows:
Section 1. Subsection 2.f.(7) of Ordinance No.
78-0-1707 is amended to read as follows:
f. Rental Units. All dwelling units in the City
of Beverly Hills designed for rental use or actua;ly rented at
�
any, time on or after May 31, 1978', together with the land and
appurtenant thereto, and all services, privileges,,
` buildings ape -
�
furnishings and facilities supplied in connection with the use
or c3ccupancy thereof, including garage and parking facilities.
The term shall not include:
t (7) dwelling units for which a written
rental housing agreement for a period of not less than one (1)
year is executed after May 31, 1978 for the benefit of a
'!
o�
tenant who was in possession of the dwelling unit on May 31, 1978.
if
Section 2. This ordinance is hereby declared to be an
{
urgency ordinance to protect the public safety, health ;end wel-
fare and therefore shall become effective at 12:01 a.m. on the
'day following its passage. The'facts constituting an emergency
,
-are that the amendments to Ordinance No. 78-0-1707 set forth
herein ure necessary to clarify the intent of the Council in
;
adopting ordinance No. 78-0-1707 and any delay in adopting
these amendments would.affect those rents due October 1, 1978.
1
0
f
Section I. Publication. The City Clerk shall cause r
• this ordinance to be published at - least once in, a newspaper of ;
# general circulation published and circulated in the City within
fifteen (15) days after its passage, in accordance with Section ;
36933 of the Government: Code; shall certify to the adoption of
# this ordinance and shall cause this ordinance and her certifica-
tion, together with proof of publication, to be entered in, the 3
Book of Ordinances of the Council of this City. ti
Adopted September 26, 1978 f
f JOSEPH Nam." . l;EM" #
Mayor 9�' the City of f
ATTEST: Beve� �, Hills, California
.� (SEAL)
Elul M. USHIJIm, C• ey Clerk
Approved.as to form: Approved as to content:
cting ity Attorney Cj�ty. Main ger'
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EXHIBIT K
ORDINANCE NO.
AN URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF CARLSBAD-, CALIFORNIA,
DECLARING A MORATORIUM ON RENTAL INCREASES
ON MOBILE HOME SPACES WITHIN THE CITY OF
CARLSBAD FOR A PERIOD OF
BEGINNING
The City council of the City of Carlsbad, California hereby
finds and determines as Tollows:
1. In recent months there has been an increase -in concern
on the part of public officials .and citizens of Carlsbad regarding
the existence of a housing shortage and.exorbitant rent increases
in residential rental housing in this city.
.2. The problem is especially acute in mobile home housing.
3. Mobile home housing forms a substantial proportion
of the housing in the -the City.
4. There is a critically low vacancy rate in'mobile home
housing of less than $ and there are rising exorbitant rents
exploiting this situation.
5. Mobile home tenants are being exploited by significant
.rent increases because of the relatively permanent nature of
their homes, the high cost of relocation and the difficulty
of finding an alternative space make it almost impossible to
move.
6. This condition is having a detrimental effect on the
lives of a substantial number of citizens of the'City, many of
whom are senior citizens who live on fixed incomes and spend
a substantial portion of their income on rent and is endangering
the health and welfare of such persons, especially creating
hardships on senior citizens and persons on fixed incomes.
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1 7. The City Council intends to appoint a committee to
2 'report on the desirability and feasibility of measures designed
3 to address this problem.
4 8. The existing conditions have led mobile home park
•5 residents to petition this Council for help and assistance so
6 that the action of park owners will not lead to the displacement
7 of a large number of residents.
. 8 9. Efforts by the City to obtain voluntary cooperation by
9 park owners to moderate pending rent increases have failed.
10 10. There is an urgent necessity to temporarily stabilize
11 rents and establish tenants' rights so tenants are not arbitrarily
c 12 forced to move.
a
g 13 NOW, THEREFORE, the City Council of the.City of Carlsbad,
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0 ;Z 14 California, does hereby ordain as follows:
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m 15 SECTION 1: Pur o'se. Pending further study of the develop=
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17 by the present shortage of mobile home space, it is necessary
u18 to place a temporary moratorium on rent increases for a
19 month period beginning _on residential
20 mobile home spaces within the City of Chrlsbad.
'21 SECTION 2: Definitions. '
22 a. Park services: Services connected with the use or
23 occupancy of the rental space in a mobile home park including,
24 but not limited to, exterior repairs and maintenance, provision
25 of utilities,•provision and maintenance of common recreational
26 areas, laundry facilities and other privileges, refuse removal,
27 parking and any other benefits, privileges or facilities.
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b. Landlord:° An owner, lessor, sub -lessor, including any
person, firm, corporation, partnership or other entity entitled
to receive rent for the use of any mobile home park rental space
or the agent, representative, or successor of any of the fore-
going.
C. Moratorium: The period of time beginning on the
effective date of this ordir- :e and.continuing for a,period of
months until , or until such time as
the City Council establishes a procedure for the adjustment and/or
regulation of rents, whichever occurs first.
d. Rent: The consideration, including any bonus, benefits,
or gratuities demanded or received for or in connection with the`
use or occupancy of a rental unit or the transfer of -a lease of
such a unit, including but not limited to money demanded or paid
for parking, for park services of any kind, for subletting or
for security deposit of any kind.
e. Rent -al Units: All mobile home park spaces in the City
of Carlsbad designed for rental use or actually rented on the
effective date of this ordinance together with the land and
buildings appurtenant thereto and all services, privileges and
facilities supplied in connection with the use and occupancy
thereof, including parking facilities. The term shall not
include mobile home spaces in any mobile home park in which, on
the effective date of this ordinance, rents are regulated by long
term leases.
6 f. Tenant: A tenant, lessee, sub -lessee or any other
7 person -entitled to the use or occupancy of any rental unit.
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SECTION 3: Rental Increase Moratorium.
a. Beginning on the effective date of this ordinance and
continuing for a period of months or until such time as the
City Council establishes a procedure for the adjustment and/or
regulation of rents, whichever occurs first, rents shall not be
increased except as provided in subsection b(3) below.
b. During the moratorium period, the maximum rent for a
rental unit in a mobile home park in the City of Carlsbad shall
'1.
be the following:
(1). For a rental unit which was rented as of the
effective date.of this ordinance, and continued to be rented
thereafter to one or more of the same persons, the rent shall
not exceed that in effect on such date. The level of park
services provided to the rental unit on that date shall not be
reduced during the moratorium period.
(2) For a rental unit which was.not rented as of the
effective date of this ordinance, but was subsequently rented
and continued to be rented to one or more of the same persons,
the rent shall not exceed that in effect on the date of subsequent
rental for as long as such unit continues to be rented to one -
or more.of the same persons. The level of park services
provided to the rental unit on the date of rental shall not be
reduced during the moratorium period.
(3) For a rental unit voluntarily vacated on or after
the effective date of this ordinance, and prior to the end of
the moratorium period, if the vacancy was voluntary, then the rent
may be increased upon the re -renting of the rental unit. A
vacancy shall not be•considered voluntary if it was the result
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Of an eviction whether'for just cause or otherwise or a .landlord's
refusal to renew a periodic tenancy or lease agreement or a
landlord's declaration by notice or otherwise of an intent to
change the use of the land on which the mobile home park is
situated or of a tenant's refusal to enter into a new long term
lease. So long as such unit continues to be rented to one or more
of the same persons, such rent shall not exceed that in effect on
the date the rental unit is re -rented nor shall the level of park „
services provided on that re-rental.date be reduced during the
moratorium period.
(4) For rental units vacated other than voluntarily
after the effective date of this ordinance, the rent for such
rental units shall not thereafter exceed the rent in effect
immediately prior to such involuntary vacation unless the unit
is subsequently voluntarily vacated. The level of park services
provided prior to such involuntary vacatioir,shall not be reduced
during the moratorium period.
SECTION 4: Evictions. No landlord shall bring any action
to recover possession of a rental unit subject to the provisions
of this ordinance, unless:
a. The tenant has violated an obligation or covenant
of her or his tenancy other than the obligation to surrender
possession upon proper notice and has failed to cure such
violation after having received written notice thereof from the
landlord.
b. The tenant is committing or permitting to exist a
nuisance in, or is causing substantial damage to,*the rental unit,
or is creating a substantial interference with the comfort, safety
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1 or enjoyment of the landlord or other occupants of the same.
2 c. The tenant, who had a rental housing agreement, which
5 has terminated, has refused after•writte+ request or demand by the
4 landlord, to execute a written extension or renewal thereof for {
5 a further term of like duration'and in such terms as are not
6 consistent with or violative of any provisions of this ordinance i
7 and are materially the same as in the previous agreement.
8 e. The tenant has refused the landlord reasonable access w,
g to the rental unit, for the purpose.of making necessary repairs
10 or improvement required by the laws of the United States, the
11 State of California or any subdivision thereof, or for the purpose
12 of inspection as permitted or required by the rental housing
5 13 agreement or by law or for the purpose of showing the rental
$ c ; 5 . 14 unit. .
° _'<° 15 f. The tenant holding at the end of the term is a sub�-
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=°^ 17 SECTION 5: Refusal of the tenant to pay a rent increase.
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18 A tenant may refuse to pay any increase in rent which -is in
19 violation of this ordinance and such violation shall be; a defense
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20 in any action brought to recover possession of a rental unit or i
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21 to collect the illegally charged rent increase.
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22 SECTION 7: Civil remedies. Any landlord who demands, k
23 accepts, receives, or retains any payment of rent in excess
24 of the maximum lawful rent, in violation of the provisions i
25 of this ordinance, shall be liable as hereinafter provided to,
26 the tenant from whom such payment is demanded, accepted, received
27 or retained, for reasonable attorney's fees and costs as
'28 uetermined by the court, plus damages in the amount of two
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hundred dollars or not more than three times the amount by
which the payment jr payments demanded, accepted, received or
retained, whichever is the greater.
SECTION 7: Nonwaiverability. Any provision, whether oral
or written, in or pertaining to a rental agreement whereby
any provision of this ordinance for the benefit of a tenant is
waived, shall be deemed to be against public policy and shall
by void.
SECTION 8: Severability. If any provision or clause of
this ordinance or the applicatiun thereof to any person or
circumstance is held to be unconstitutional or to be otherwise
invalid by any court of competent jurisdiction, such invalidity
shall not affect other ordinance provisions or clauses or
applications thereof which can ke implemented without the invalid
provision or clause or application,and to this end the provisions
and clauses of ,this ordinance are declared -to be severable.
SECTION 9: This ordinance is hereby declared to be an
emergency ordinance adopted as an urgency measure to protect the
public health, safety and welfare and shall take effect
immediately upon its adoption. The facts constituting the
emergency are set forth above and represent a serious threat
to 4:he maintenance of the existing mobile home park rental
housing supply within the City with respect to all economic
segments of the community and especially to senior citizens,
persons of low and moderate incomes and to those on fixed
incomes and are contrary to the goals and objectives of the
housing element of the general plan of the City of Carlsbad.
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SECTION 10: The City
Cleric sha•11 certify to the adoption
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of this ordinance and shall
cause a copy hereof to be published
as required by law.
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INTRODUCED, PASSED AND
ADOPTED at a regular meeting of the
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City.Council of the City of
Carlsbad,.California held on the
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day of
, 1980 by the following vote, to wit:
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AYES:
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NOES:
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ASSENT::`
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RONALD,C. PACKARD, Mayor
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ATTEST:
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ALETHA L. RAUTENKRANZ, City
Clerk
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(SEAL)
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